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07-25-2000 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, July 25, 2000 7:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Action Taken Awnigtos lis c r :<:>:::;;::;::::>;:;.;:.;;: ,::>:;::.;;;::;:,;::ns -:.;-::::. :::.::.: .e r >::Counci ::=- =:Ci nsen IA d ::: ie r :: :: >. li 'fit;:.;;:.;;;:.::it. A. Approval of the Minutes from the Regular Meeting of July 11, 2000 and the April 24, 2000 Joint Meetings with the Wylie Independent School District Board of Trustees and Library Advisory Board; Special Called Meeting of May 11, 2000 and the June 6 Canvass of Election Returns. 1. Hold a Public Hearing to consider and act upon a request from Allen Funeral Home for approval of a zone change from SF-3 (Single Family) to B-1 (Business), generally located south of Masters Avenue and Fifth Street and being all of a certain 0.627 acre tract out of the Francisco de la Pina Survey, Abstract No. 688 and also being all of Lots 16 & 17, Block 28 of the Railroad Addition, City of Wylie, Collin County, Texas. (Item Tabled at the 7/11/00 Regular Meeting) 2. Hold a public hearing and consider and act upon the adoption of an Ordinance establishing new residential zoning district regulations. 3. Consider and act upon award of a contract for construction of an asphalt walking path and sidewalks at Community Park. 4. Consider and act upon the proposed extension of a contract with Browning-Ferris, Inc., for collection and disposal of solid waste and recyclable commodities. FY2000-20001 Budget In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated(Open Meeting Act), Section 551.072 Real Estate (200 Block of North Jackson Street) to deliberate the purchase, exchange,lease or value of real property. Take any action as a result of Executive Session. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this 21st day of July,2000 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Page 2 of 2 MINUTES Wylie City Council Tuesday, July 11, 2000 Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Council Present:, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman J.C. Worley and Councilman Chris Trout. Mayor John Mondy, Mayor Pro Tern Joel Scott and Councilman Merrill Young were absent. Councilman J.C. Worley presided. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director; Fire Chief Shan English; Richard Abernathy, City Attorney and Barbara Salinas, City Secretary. Councilman Hogue was asked to give the Invocation and Councilman Trout was asked to lead the Pledge of Allegiance. Nikki Allen,100 Rush Creek Ms. Allen expressed her concerns regarding two issues. The first was the replacement of Ms. Schmader on the Planning and Zoning Commission. She stated that it appears to some that members were replaced with an all-male board and that there needs to be an appeal process. Ms. Allen also expressed here concern regarding the unprotected railroad crossings in Wylie, citing the recent car/train accident in Garland. A. Approval of the Minutes from the Regular Meeting of June 27,2000. B. Consider and act upon a resolution of the City Council of the City of Wylie, Texas, changing authorized representatives for the Local Government Investment Cooperative(LOGIC). Councilwoman Allen made a motion to approve Consent Item A, Approval of the Minutes from the Regular Meeting of June 27, 2000 & Consent Item B, Approval of Resolution No. 2000-14 (R). Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 4-0. Mayor Mondy, Councilman Scott and Young absent. 1. Hold a public hearing to consider and act upon approval of a Replat for Oak Meadow Addition, generally located along the south side of East Brown Street,east of Eubanks Lane, and being all of a certain 1.9287 acres out of the Francisco de la Pina, Abstract No. 688, City of Wylie, Collin County,Texas. Councilman Worley opened the public hearing and asked that anyone wishing to speak in favor or opposition of the replat to please come forward at this time, stating their name and address for the record and limiting their comments to three (3)minutes. Mr. Robert Sandlin, Developer, came forward. Mr. Sandlin explained that his intentions are to increase the existing lot sizes,create two more lots,and develop the property with single family residential uses. With no further response, Councilman Worley then closed the public hearing. Minutes of July 11,2000 Wylie City Council Page 1 Councilman Hogue made a motion to approve the Replat for Oak Meadow Addition, generally located along the south side of East Brown Street, east of Eubanks Lane, and being all of a certain 1.9287 acres out of the Francisco de la Pina, Abstract No. 688, City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. Mayor Mondy, Councilman Scott and Young absent. 1. Hold a public hearing to consider and act upon a request from TXU Electric for approval of a zone change from A (Agriculture)to SUP (Specific Use Permit), generally located south of SH78, north of Brown Street and being all of a certain 69.982 acre tract out of the Francisco de la Pina Survey, Abstract No. 688,City of Wylie,Collin County,Texas. At the June 20, 2000 meeting of the Planning and Zoning Commission, the applicant requested that this item be tabled until the August 15, 2000 Planning and Zoning Commission meeting to allow additional time to discuss the issue with property owners. Since the item was advertised for a public hearing, Councilman Worley opened the pubic hearing asking that anyone wishing to speak in favor or opposition of the replat to please come forward at this time, stating their name and address for the record and limiting their comments to three (3) minutes. With no response, Councilman Worley then closed the Public Hearing. Councilman Trout made a motion to table the item until after review by the Planning and Zoning Commission at their regular meeting of August 15, 2000. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 4-0. Mayor Mondy, Councilman Scott and Young absent. 2. Hold a public hearing to consider and act upon a request from Barry Patrick for approval of a zone change from A(Agriculture)to I(Industrial),generally located south of FM544 and west of Sanden Blvd and being all of a certain 15.296 acre tract out of the D. Strickland Survey, Abstract No.841, City of Wylie,Collin County,Texas. At the June 20, 2000 meeting of the Planning and Zoning Commission, the applicant requested that this item be withdrawn. Since the item was advertised for a public hearing, Councilman Worley opened the pubic hearing asking that anyone wishing to speak in favor or opposition of the replat to please come forward at this time, stating their name and address for the record and limiting their comments to three (3) minutes. With no response, Councilman Worley then closed the Public Hearing. 3. Hold a Public Hearing to consider and act upon a request from Allen Funeral Home for approval of a zone change from SF-3 (single family) to B-1 (Business), generally located south of Masters Avenue and Fifth Street, and being all of a certain 0.627 acre tract out of the Francisco de la Pina Survey,Abstract No.688 and also being all of Lots 16& 17,Block 28 of the Railroad Addition, City of Wylie,Collin County,Texas. Councilwoman Allen abstained from any discussion and vote on Item No. 4 and completed the proper affidavit for Conflict of Interest. It was noted that no action could be taken on this request for lack of a quorum. Since the item was advertised as a public hearing, Councilman Worley opened the Public Hearing asking that anyone wishing to speak in favor or opposition of the zone change to please come forward at this time, stating their name and address for the record and limiting their comments to three (3)minutes. Mr. Don Jackson, representing the applicant, provided Council with a brief presentation of the expansion of the funeral home. Mr. Jackson provided visual images of the area currently surrounding the facility and described the plans to expand the business. With no further response, Councilman Worley then closed the Public Hearing. Minutes of July 11,2000 Wylie City Council Page 2 4. Consider and act upon the approval of an agreement for billing and collection service calls and services from insurance companies for the Fire Department. Fire Chief Shan English addressed this item. Chief English stated that the proposed agreement will be utilized to bill and collect for fire department related calls. He stated that three companies had submitted bids, All Around Medical Billing, F.I.R.E., Inc, and Specialized Billing & Collection Systems of Texas. He stated that staff is recommending Specialized Billing and Collection Systems of Texas, due to their experience. The funds collected from this service and other billed services for the fire department may be placed in a special revenue fund that would be used to build a fire training center and/or related equipment in the future. Councilwoman Allen had concerns regarding the increase in premiums this could cause policyholders. Chief English explained that if approved, this service would bill insurance companies to reimburse the Wylie Fire Department for expenses incurred during fire and accident related calls and that the provisions are there and will be collected only if the provisions are built into the policy. Councilwoman Allen asked if the department had considered utilizing the department's Secretary position to do the billing. Chief English responded by stating this process is very time consuming and requires a level of expertise in dealing with insurance companies. Councilwoman Allen expressed her concerns stating that the tax paying citizens expect certain services without additional billing. Chief English explained that the funds recovered would be of benefit to the citizens of Wylie. Mr. Johnson clarified that the provisions are already within most policies and that the revenue collected is to recoup our costs. He explained that rates could be effected,but it is likely that any increase would be minimal. Chief English explained that with the funds collected, they would like to build a fire-training center, as the closest one is now in McKinney and a user fee is required. Chief English stated that with our own Fire Training Center, there is the possibility that we could also off its use for a fee. Councilman Trout made a motion to approve the agreement with Specialized Billing and Collection Systems of Texas for the billing and collection service calls and services from insurance companies for the Fire Department. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 3-1. Councilwoman Allen voting in opposition; Mayor Mondy, Councilman Scott and Young absent. 5. Consider and act upon approval of a Resolution requesting the North Texas Municipal Water District to move forward with implementation of the program which include filing of a TNRCC permit request along with the design and construction of a five (5) million gallon per day wastewater treatment plant. Mr. Johnson, City Manager, explained that this was in reference to the Work Session held on June 27, 2000 with the Hogan Corporation and the North Texas Municipal Water District. North Texas will be the administrator of the project, and the proposed Resolution will provide them with the authority to speak on behalf of the City of Wylie as they initiate the Wastewater Treatment Plant program. Councilman Hogue made a motion to approve Resolution No. 2000-15(R) requesting the North Texas Municipal Water District to move forward with implementation of the program which include filing of a TNRCC permit request along with the design and construction of a five (5) million gallon per day wastewater treatment plant. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 4-0. Mayor Mondy, Councilman Scott and Young absent. Councilman Worley then convened into Executive Session in accordance with Chapter 551 of the Government Code, Vernon's Texas Code Annotated, Section 551.071 Consultation with City Attorney, pending litigation Fred M. Bruner and Joy G Bruner vs the City of Wylie; Cause No. 296-0890-00; Section 551.071 Consultation with City Attorney involving matters (Birmingham Land) where the duty of the attorney to the governmental body of the Texas Disciplinary Rules of Professional Conduct of the state Bar of Texas clearly conflicts with this chapter; Section 551.072 Real Estate (100 Block of South Jackson)to deliberate the purchase, exchange, lease or value of real property. Minutes of July 11,2000 Wylie City Council Page 3 .................................................................................................................................................................................................................................................. .................................................................................................................................................................................................................................................. No action was taken as a result of Executive Session. : Rom:=E Proposed Contract Renewal with BFI Refuse Service Mr. Johnson, City Manager, advised Council that our contract with BFI is up for renewal and that BFI would like to continue to provide services to the Wylie area. He stated that BFI was willing to offer a once a month brush/bulk pick up for an increase of.22 cents per month for a total of$8.31 for the first contract year with an annual Consumer Price Index adjustment not to exceed 5% over the remaining four years of the contract. We currently pay$8.09 per month. There was discussion regarding the brush/bulk pick up with regard to scheduling and requirements. Ms. Sally Magnuson, Municipal Marketing Manager for BFI was present to answer any questions from Council. She explained that the space allotted for brush/bulk pick up was 6' X 6' X 3'. Ms. Magnuson stated that safety concerns for the employees are a factor in setting weight limits, but that they would work with the city on items that may exceed the set requirements. It was determined that Code Enforcement would need to be involved to ensure that items are not placed out for pick up too early. Mr. Johnson thanked Ms. Magnuson and advised that the renewal of the contract with BFI would be on the next agenda of the Wylie City Council for their consideration and action. Peer Salary Survey of Surrounding Cities Mr. Johnson advised Council that Mr. Chris Hartung would be conducting the survey of salaries and that staff would need Council's approval and acceptance of the peer cities selected before Mr. Hartung begins his work. Mr. Johnson stated that although we cannot match the salaries of some of the recommended cities, we do compete with cities such as Plano and Richardson. He described the area as North to Greenville, East to IH30 to include Rockwall and Rowlett. Also included in the survey group are Garland, Richardson, Plano, McKinney, Allen and Sachse. Mr. Johnson expressed how important that it was to have direction from Council before asking Mr. Hartung to conduct the survey using the suggested cities. He explained that once we compare the salaries, Council will need to decide on a percentage of where we want to be in relation to the market difference. With no further business to come before Council,the meeting was adjourned. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of July 11,2000 Wylie City Council Page 4 MINUTES Joint Meeting Wylie City Council & Wylie Independent School Board of Trustees Monday, April 24, 2000 - 7:00 p.m. WISD Administration Building-Board Room 951 S.Ballard Avenue Wylie,Texas Call to Order Mayor Mondy called the Wylie City Council/WISD Board Joint Meeting to order,Monday,April 24,2000 at 7:00 p.m.with the following Councilmembers present: Joel Scott,J.C. Worley, Merrill Young and Chris Trout. Councilwoman Allen was absent and Place 3 vacant. Staff members present were: Mindy Manson,Interim City Manager;Brady Snellgrove, Finance Director;Mignon Morse, Library Director and Barbara Salinas,City Secretary. Mr.John Simmons,President of the Wylie Independent School Board of Trustees called the WISD Board/Wylie City Council Joint Work Session to order at 7:00 p.m. with the following WISD Board Members present: Henry Garland, Ralph James,Mike Whitcomb,Baron Cook, Susan Shuler, and Sue Nicklas. Staff members present were: Dr. H. John Fuller, Superintendent; Betty Stephens, Community Relations and members of the WISD Technology staff. Invocation and Pledge of Allegiance Henry Garland was asked to give the invocation and Dr. Fuller was asked to lead the Pledge of Allegiance. Presentation Representatives from Innovative Interactions,Inc,Mr. Dan Foshee and Mr. Chris Jones were present to provide a detailed presentation on the goals and visions of the Wylie Community Network(WCN). Mr. Foshee and Mr. Jones presented structure and management strategies for implementation,budgetary concerns and a time line for estimated completion. It was explained that the purpose of the WCN is to provide education and services to the community as well as others,with the support of an internal management team and external consultants. They provided an overview of the Telecommunications Infrastructure Fund(TIF) Grant. If the grant is awarded, the$500,000 is to be used for the implementation of the Community Network. In order to accomplish this, a $50,000 match is required from the City and School. Mr. Foshee explained that the WCN would provide a benefit to the Economic Development of the community and offer training for city and school personnel. The WCN would be accessible from homes,schools, libraries, and various facilities around the community and was described as a"one stop shop" that would enhance the community image. Implementation and long term success would involve the support of the city, school and community business partners. Staffing requirements include personnel for day to day operations. It was noted that the TIF Grant monies cannot be used for personnel,therefore, staffing would be a budgetary concern. Wylie City Council Minutes Joint Meeting Wylie City CouncilWISD Board of Trustees April 24,2000 Page 1 There was some concern and discussion regarding the commitment from community businesses and future donations for implementation and long teen support as ongoing costs are anticipated. City concerns are staffing and initial and ongoing costs. At the present,the City does not have the technical support personnel to operate a community network,whereas the WISD does. There were also concerns regarding the benefit to the City. It was explained that one direct benefit would be employee training and that a long term benefit could be that by offering this type of service in the community,it may make a difference to those looking to relocate as a resident or business,thereby promoting economic development and growth. School Board members questioned the possibilities of extending the Network for video conference and student usage as well as a means to archive meetings. According to Mr. Forshee,these are all possibilities. Mr. Foshee reminded those present that at this time what was presented as only a'snap shot' of the project status and that the actual development is still pending. Action Items A. Consider and act upon approval by the Wylie City Council to authorize the Acting City Manager to enter into a Collaborative Agreement required by Telecommunications Infrastructure Fund (TIF) and authorize a match with local funds. Councilman Worley made a motion to approve and authorize the Acting City Manager to enter into a Collaborative Agreement required by Telecommunications Infrastructure Fund(TIF) and authorize a match with local funds in the amount of$25,000. Councilman Young seconded the motion. A vote was taken and the motion passed, 5-0. Councilwoman Allen absent and Place three vacant. B. Consider and act upon approval by the Wylie Independent School District to authorize a match to the Telecommunications Infrastructure Fund (TIF) Grant with local funds. Wylie Independent School Board Trustee,Henry Garland made a motion to approve and authorize a match to the Telecommunications Infrastructure Fund(TIF)Grant with local funds. Wylie Independent School Board Trustee Susan Shuler seconded the motion. A vote was taken and the motion passed, 7-0. Adjourn - 830 p.nn. With no further business to come before the Wylie City Council and the Wylie Independent School Board of Trustees,the meeting was adjourned. The Council then relocated to the Smith Public Library for a Joint Meeting with the Library Advisory Board. John Mondy, Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes Joint Meeting Wylie City CouncilfWISD Board of Trustees April 24,2000 Page 2 MINUTES Joint Meeting Wylie City Council & Library Advisory Board Monday, April 24, 2000 Smith Public Library-800 Thomas Street Wylie,Texas CALL TO ORDER The Mayor called the Joint Meeting between the Wylie City Council and the Library Advisory Board to order at 8:45 p.m. with the following Councilmembers present: Joel Scott,J.C. Worley, Merrill Young and Chris Trout. Councilwoman Allen was absent and Place 3 vacant. Library Board Members present include: Dan Hendrix, Grace Morrison, Gerry Whit and Shirley Burnett. Staff present included: Mindy Manson,Interim City Manager, Mignon Morse,Library Director; Phyllis Floyd, Technical Services Librarian, and Barbara Salinas,City Secretary. TOUR AND PRESENTATION Ms. Morse provided a tour of the Library facilities and explained the various services offered by the Library. After the tour was complete the Council,Library Board and staff convened in the Bluebonnet Room where Ms. Morse presented the long range plan for the Library. Ms. Morse presented the components of her presentation which included the purpose and goals of the long range plan, status of current library facility,demographic projections,population projections and citizens comments from the library survey conducted in 1998-99. She stated that the plan will assess the following areas: existing space and recommend future requirements,collections,technology, staffing and programming needs with a focus on children programs; suggested time frame,locations and costs for a new library. Ms. Morse stated that the current facility is 7,000 square feet and that the Texas Library Association (TLA) standard is 7.5 per capita which calculates to 9, 750 based on a population of 13,000. She noted that TLA standards are currently under revision to be proposed to the Legislature during the next legislative session. Ms. Morse cited current spacing needs such as limited space for additional computers, seating for patrons,increase in usage of the Bluebonnet Room, crowded library programs and collection space limitations. To further demonstrate the spacing needs,Ms.Morse displayed a graph that demonstrated the current collection size versus the recommended collection size for the current facility. Ms. Morse also used population projects based on the 1997 Impact Fee Study. There was some discussion with regard to implementation of a"fee", similar to that of the Impact Fee,for new residents to help fund a new library. Ms. Morse continued with demographic projects for 2004 to show increased population and future demand for services. Ms. Morse displayed comparisons of Web Site usage that shows a dramatic increase from 1999 to 2000. Although circulation is down,patronage is up. She explained that the figures are generated from the automatic counter that keeps a numeric count of all patrons. She stated that there seems to be an overall increase in those who visit the library for services other than books. She cited computers,meetings and reference materials as additional sources that contribute to the increased patronage count. Ms. Morse stated that the 1999 Summer Reading Club attendance also shows an increase of 36%over 1998. Ms. Morse presented a graph that clearly displayed the results of the survey of patrons with regard to needs. The survey ranked additional space needs in the following order: Collections,Internet Stations,Children Programs and Adult Programs. Requests for additional materials were ranked as follows: Videos, Juvenile Fiction, Juvenile Non-Fiction and Adult Fiction. The Library received 1,110 completed surveys. Ms.Morse concluded her presentation by describing a new program that will soon be available for senior citizens. She stated that the Library is working with Mr. Robert Diaz, Community Center Coordinator, to supply the Seniors at the Community Center a collection of books that will be rotated periodically. Books will also be made available to those seniors who are homebound and receive home meal delivery. Ms. Morse stated that this program will begin in August, after the Summer Youth programs have concluded, since both she and Mr. Diaz are both involved with various youth programs. ACTION ITEMS A. Consider and act upon approval of a professional services contract for F.Mason and Associates, a library consultant firm, not to exceed $18,000. Councilman Worley asked Ms. Morse what her intentions were for the remaining$2,000 of the allocated$20,000 from 4B funds,if the$18,000 were approved for the consultant. Ms. Morse explained that the remaining$2,000 would be used toward the purchase of books and materials. Councilman Young had concerns regarding what the consultant would provide. Ms.Morse explained that the consultant will be able to provide projections with regard to technology,collections, and possible locations for a new library. Councilman Worley made a motion to approve the professional services contract for F.Mason and Associates, a library consultant firm,not to exceed$18,000. Councilman Scott seconded the motion. A vote was taken and the motion passed, 5-0. Councilwoman Allen absent and Place 3 vacant. ADJOURNMENT With no further business to come before the Council,the joint meeting was adjourned. John Mondy, Mayor Attest: Barbara A. Salinas,City Secretary MINUTES Wylie City Council Special Called Meeting Thursday, May 11, 2000 - 12:30 p.m. Wylie Municipal Complex-Staff Conference Room 2000 State Highway 78 North,Wylie Texas CALL TO ORDER Mayor Pro Tern Joel Scott called the Special Meeting to order at 12:30 p.m.with the following Councilmembers present:Councilwoman Reta Allen,Councilman Merrill Young and Councilman Chris Trout. Councilmembers absent were Mayor Mondy, Councilman Hogue and Councilman Worley. Staff members present were: Mindy Manson,Interim City Manager and Barbara Salinas, City Secretary. ITEMS FOR INDIVIDUAL CONSIDERATION'& ACTION A. Consider and act upon approval of a Resolution ordering a Runoff Election for the purpose of electing the Mayor,to be held on June 3,2000,as a result of the General Election of May 6,2000. Councilman Young made a motion to approve the Resolution ordering a Runoff Election for the purpose of electing the Mayor, to be held on June 3. 2000, as a result of the General Election of May 6, 2000. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 4-0. Mayor Mondy, Councilman Hogue and Councilman Worley absent. B. Consider and act upon approval of a contract for election services between the City of Wylie and the Collin County Elections Administration for the June 3,2000 Runoff Election,to be held as a result of the General Election of May 6,2000. Barbara Salinas,City Secretary advised that the cost for the election is estimated at$6,662.77 and considerably more due to the fact that we are the only entity in Collin County that necessitates a runoff,therefore the cost of the entire election is absorbed entirely by the City. Councilman Trout made a motion to approve the contract for election services between the City of Wylie and the Collin County Elections Administration for the June 3,2000 Runoff Election,to be held as a result of the General Election of May 6, 2000. Councilman Young seconded the motion. A vote was taken and the motion passed, 4-0. Mayor Mondy, Councilman Hogue and Councilman Worley absent. ADJOURNMENT- 1:00 P.M. With no further business to come before Council,the meeting was adjourned. Joel Scott,Mayor Pro Tern Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes May 11,2000 Page 1 OFFICIAL CANVASS June 3, 2000 Runoff Election Returns Tuesday, June 6, 2000 - 12:30 p.m. Wylie Municipal Complex-Staff Conference Room 2000 State Highway 78 North,Wylie Texas CALL TO ORDER- 12:30 P.M. Mayor Pro Tern Scott called the Canvass of'Election returns to order,Tuesday,June 6,2000 at 12:30 p.m. with the following Councilmembers present: Councilman Chris Trout and Councilman J.C. Worley. Subsection 67.004a of the Election Code states that for the purpose of a canvass,only two members of Council are required to constitute a quorum. Staff members present were: Mr. Biff Johnson, City Manager and Barbara Salinas, City Secretary. RECEIVE OFFICIAL `'CANVASS OF ELECTION RETURNS FOR THE RUNOFF ELECTION OF JUNE 3, 2000. Mayor Pro Tern read the returns into the record. (See attached) ADJOURNMENT. - 12:35 P.M. With the Canvass of Election Returns for the June 3,2000 Runoff Complete,the meeting was adjourned. Joel Scott,Mayor Pro Tern Attest: Barbara A. Salinas, City Secretary Canvass of June 3 Runoff Election Returns June 6,2000 Page 1 WYLIE CITY COUNCIL AGENDA ITEM NO. July 25, 2000 Issue Hold a public hearing to consider and act upon a request from Allen Funeral Home for approval of a zone change from SF-3 (Single Family)to B-1 (Business), generally located south of Masters Avenue and Fifth Street, and being all of a certain 0.627 acre tract out of the Francisco de la Pina Survey, Abstract No. 688, and also being all of Lots 16 & 17, Block 28 of the Railroad Addition, City of Wylie, Collin County, Texas. Background This item was originally presented to Council on the July 11 Agenda. No action was taken due to a lack of a quorum, as Councilwoman Allen abstained from any discussion or vote due to conflict of interest. The applicant is requesting rezoning on 0.627 acres (27,300 square feet) in order to develop a portion of their property with business uses. Specifically, the applicant has stated that they intend to expand their current funeral home. The property to the north is zoned PD (Planned Development) and contains the existing Allen Funeral Home. The property to the east is SF-2 (Single Family) and is developed accordingly with residential homes. The property to the south is zoned is SF-2 (Single Family) and is developed accordingly with residential homes, and the property to the west is zoned is SF-2 (Single Family) and is developed accordingly with residential homes. Public Comment Forms were mailed to nineteen (19) property owners within 200 feet of this request. Six (6) comment forms have been returned, with 5 in favor and 1 against the zone change request. Financial Considerations Rezoning application fee in the amount of$225.00 —Paid Other Considerations • The existing funeral home is contained within PD zoning which was approved in 1987. Current regulations require a 5 acre minimum for PD zoning. Because of this, the existing PD zoning could not be extended for this property. • The proposed B-1 zoning is the most restrictive zoning district available which permits funeral homes. • The Comprehensive Plan recommends residential uses for the area. The proposed zoning and land use are not consistent with the Comprehensive Plan, and is not compatible with the surrounding development and zoning. Board/Commission Recommendations At the June 20, 2000 Planning and Zoning Commission meeting, the board recommended to approve ZC 2000-06. Staff Recommendations Staff cannot recommend approval. This proposed zone change does not concur with the City of Wylie's newly adopted Comprehensive Master Plan. The Departments of Public Works, Fire, and Development Services concur with this recommendation. Attachments Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Comment Forms Zoning Change Application 41," igp Prepare, by Re wed by Finance City Man.f.lApproval I • I ` n �__tA ME % Eas t3rpwn treet (County oa ___t'_ ' �I I I I I ! ! /\ ' I i i i > Q ` i _ I I U 7 �• i i /1 ! j I ;� i U -- i "' .',i':I �� o ___7 ____ SUBJECT :i• i j• -■■ —,„--- i Marti a Street Fr ; PROPERTY C-, ; All a fj _ 0 .,. _z ..... 1 __ i Oak Street Nt_iiJca -STee' • 11, I i I I I / .._.._.._.._.._.._.._. 1 U1� gi) •-.�..L.J_..L. Masters Avenue • • sh creek Ur. I• • i • 1 r / JG ! • -0I1774 I ••C n I (bG c .Ar.aLana ew1 ; nve ic Bu�er11[1' r - I 1 4/4Q1 I 2I 1 I .` Cedar HIdge E Unve %U •�� I . 1 1 - I .. C ehOAD:"• g P°14111111/ , t l ♦ __n_1I 7 , xwo d one F.x.•.. ., \ l 7 1 iiii�� to, �— n , I L I I °�1 ,� Heatherwgocr Unve 12 ,0 n�I 1 m > I o o c o c E Forest _ Iae One e` • V I C C Par ck re et v o 3 I I o 0 3 a� o' Autumn Fill .drive C _ ._ c Q MI o- U NO7� - I rAl— cs _ �F. M. l Highway 544) d i - ~ 1 II 1 1 Id ' a i i i • ;r , o ! • i rPS VIP.N Line , 0` II 1 n. - .._.._.. 21. �•. ! i rive rt �'- 1- / LOCATION MAP r ZONING CASE #2000-06 IV SF-3 Ell 11111 CD sCD / n v V1 1n - 100' 11;!all III 1 4_ p Masters . Avenue1r p u__ ,,,,,i___c . „,,..:_,.,,,„,,,,,„:„.,,,„--1 1.1 0 '•`:' ,--(qt.mi,:ii--.. ':,, . . ,.. .___, _ _ _ . . . _ :-tit, -.,-,''''''.'-'3-"___ , I .I'' ' '''''' ' .,, __. -„:5-,:-_-:-.. '.--:,!': , S -_,...., ... ,.,-.,-..._, ._,_ . -1,... .___.....i -2 . a LL- Mill Kill Ell IIII Butler Street S -2 P " o -111.11 . ,. J . _-_, /----- ..' ZONING AREA MAP 7nniinur B ASF #2000-06 ?€,,i, UBEcT '" - low P OPERTY \ asters Avenue Li_ 4-- I I Wylie Cemetery w.a. A len R-1169-024 00201 Allen Fu era ome R-1169- 28-0 10-1 r s M.Chaney 4 R-1169-028- � � AKIJ. L.Gayter Jr. Y ti� y. R 1169-028- k 6 . .• = e ob ,� O.12 Q ' �. o r z c'e Lrn. co S. Martinez C.Holiam10.1 on = M 0 m v- c cb z g R-1169-028- R-1169-028- o o J og 0120-1 0150-1 ce B.Drain C.Hollamon R 1169-028- R-1169-028- 0130-1 0140-1 Butler Street ` F. Mobbs F- 'E§ ii IN.Crabtree R-1155-003- n R-1155-003- 0010-1 O -- 0200-1CI N • N o 0 \3 r • I / PROPERTY OWNICATION ER NOTIF MAP ZONING CASE #2000-06 NOTIFICATION REPORT APPLICATION FILE #2000-06 APPLICANT: . Men Funeral Home 508 Masters Avenue Wylie, Texas 75098 l PROPERTY OWNER NAME I ADDRESS I TAX I.D. # # I BLK/ABST I LOT/TRACT .I 508 Masters Avenue Railroad Addn Applicant 1 Blk 28 LotsR-1169-028-0010-1 W.C. Men, Jr. Wylie, Texas 75098 Applicant 508 Masters Avenue Railroad Addn Wylie, Texas 75098 R-1169-028-0160-1 Men Funeral Home 9421 lie Texas a Trail 2 Blk 28 Lot 16 - Railroad Addn Herbert Cramer Irving, Texas 75063-4644 3 Blk 28 Lot 17 R-1169-028-0170-1 2924 Lodge Circle Railroad Addn 75098 a , Texs 4 Blk 28 Lot 15 R-1169-028-0150-1 Clemens Hollamon Wy2ylielie LodgeexCircle 24 Railroad Addn Carolyn Hollamon Wylie, Texas 75098 5 Blk 28 Lot 14 R-1169-028-0140-1 316 Hilltop Railroad Addn Bill Drain Wylie, Texas 75098 6 Blk 28 Lot 13 R-1169-028-0130-1 209 S. 4th Street Railroad Addn Wylie, Texas 75098 7 "Blk 28 Lot 12 R-1169-028-0120-1 Salvador Martinez 412 Dx 750 ood Railroad Addn Wylie, Texas 75098 8 Blk 28 Lot 11 R-1169-028-0110-1 Lester Gayler, Jr. P Box 671 Railroad Addn Mark Chaney Wylie, Texas 75098 9 Blk 28 Lot 10 R-1169-028-0100-1 P.O. Box 62 Wylie Cemetery Railroad Addition e, Texas 75098 10 Blk 24 Lots 2 - 6 R-1169-024-0020-1 Wylip, 7 62 Railroad Addition Wylie Cemetery Wylie, Texas 75098 11 Blk 25 Lots 1 - 4 R-1169-024-0020-1 P.O. Box 62 Railroad Addition Wylie Cemetery Wylie, Texas 75098 12 Blk 26 Lots 1 - 4 R-1169-024-0020-1 P.O. Box 62 Wylie Railroad Addition Wylie, 75098 13 Blk 27 Lots 1 - 5 & 13 R-1169-024-0020-1 Cemetery P. Texas 1 75 . Box 477 Bostic Addition F.R. Mobbs Wylie, Texas 75098 14 Blk 3 Lot 20 R-1155-003-0200-1 P.O. Box 175 Bostic Addition Mable Crabtree c/o William Martin Wylie, Texas 75098 15 Blk 3 Lot 1 R-1155-003-0010-1 601 Butler Circle Wylwood Estates #2 David Miller Wylie, Texas 75098 16 Blk 5 Lot 1 OR R-1239-000-01 OR-1 605 Butler Circle Wylwood Estates #2 R-1239-000-008R-1 Larry Neig hbors Wylie, Texas 75098 17 Blk 5 Lots 8R &9R R-1239-000-009R-1 Wylwood Estates #2 600 Butler Circle Waters Secure Trust Wylie, Texas 75098 18 Blk 5 Lot 11 R-1239-000-0110-1 2300 E. Brown Street Wylwood Estates #2 Gary Urie Wylie, Texas 75098 19 BIk 5 Lot 12 R-1239-000-0120-1 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 2000-06 Applicant: Allen Funeral Home Location: Generally located south of Masters Avenue and Fifth Street Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: SF-3 (Single Family) Requested Zoning: B-1 (Business) Proposed Business use This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,June 20,2000,7:00 PM City Council: Tuesday,July 11,2000,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend.but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number i applicable)on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 Ifthe property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103,or(TDD)(972)442-8170 for assistance. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 �j I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-06. Date.Location&Time of Planning&Zoning Commission meeting: Tuesday June 20,2000,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, June 27,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: VV, C . R1 C-(J (please print) /n� � Address: ��O M A 5� 2 its �l 4 rJ � C, \A,1/I s.0 q<1, ir`7 Wylie Tax Account Number ;_ (if shown on enclosed map): R_ 11 1- D�l -OI `7C-I Y- ��"�' 170 ') �' R-ii toy`d Signature: e.` Date: COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 explained on the attached public notice for Zoning Case I am FOR the requested zoning as p #2000-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday June 20, 2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, June 27,2000,7:00 pm Municipal Complex,2000 Highway 78 North,_Wylie,Texas Name: (% 1/174. - )free4 (please print) r .// Address: - D ,L i(` r/0/61 Wylie Tax Account Number I ���D — (if shown on enclosed map): / Signature: h 'd& ) J Date: COMMENTS: dLAA-w‘ i Y- - IG -a.12 ar' b l 6111,0 a Y PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 XNI am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday June 20,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, June 27,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: a_i—i (please print) Address: 2 v;. t:. -'G ..'i:i e , '..:. 7-'0, Wylie Tax Account Number (if shown on enclosed map): ..-1169-025-0120— Signature: •1 - -PC� Date: J'_'.�e 11 2000 / / COMMENTS: �'-.1V^.'. 0:" __c_tiP_e'Z :::i 3tl On. _'l;' ill iaVO] , theJ . Allen faller'3.1 e_: the e�:-���._zsi�n c.,. home - -:Gel t .a.t the e:: )a isio.1 - ill c,e a bene-_it ,T()• O;'' co i'.=it PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 • I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday June 20, 2000,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,June 27,2000,7:00 pm Municipal Complex,2000 Highway 78 North,.Wylie,Texas Name: (please p 'nt) Address: A /`71"7 7 iLig//e. *1-5 5oq,fs2 Wylie Tax Account Number (if shown on enclosed map): Signature: Date: 6 - - 06 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 XI am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-06. Date,Location&Time of • Planning&Zoning Commission meeting: Tuesday June 20,2000,7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,June 27, 2000,7:00 pm Municipal Complex,2000 Highway 78 North,-Wylie,Texas Name: Lap f Fi l Q)•D jl /1.bQ (please ypint) J pint)Address: 63 -id-)er 6itdiu 1.4J ii5D y8 Wylie Tax Account Number 74-N 3�v b,008 f n /z 3?. OoD.co9R-/ (if shown on enclosed map):Signature: i" U&th&(M Date: Nile 2.4 m fl J COMMENTS: ek t) allksu irtrili Q '. �hL 7,41-04:2044) QI,e9i / .E fi L - I. Q T TQ Jp -4--4/,/E L ,8 /av-A- 1+ j4, ( R O s 5 4X141 e T To An AC11,6 5 S fe-e te-rY F ,gyp ( H01-5 �(�fc / TVA) PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case 7 #2000-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday June 20, 2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, June 27, 2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas 1 \/‘ I frf Po _._ tcv_A d_Als1;19 <------Address: (pleaprint)70 & t9 ( a�S— S • /4---t--- sr itj LilliCo% 79:3 1 J ? Tax Account Number -f ,. f tJ (if shown on enclosed map): �'� I ' © S �v Signature: V12.0`.4v Date: *Nza-O/ COMMENTS: APPLICATION FOR A CHANGE IN ZONING Zoning Case No. 2000 06 The Following Information To Be Supplied By The Applicant: Name: Jackson & Associates Land Surveyors, Inc. Contact Person: Don Jackson Address: 2600 W. F.M. 544 City: Wylie State: Texas Zi : 75098 Telephone: 972-442-4045 Fax: 972-442-0184 E-Mail: 'ack n nda iates a msn.com Signature of Ap cant The Following Information To Be Supplied By The Owner: Name: Allen Funeral Home, Inc. Address: 508 Masters Avenue City: Wylie State: Texas Zip: 75098 Telephone: 972-442-2234 Fax: 972-442-2235 E-Mail: I Am The Owner Of The Herein Described Property, And Don Jackson Is Authorized To File This Application On My Behalf. Signature of Owner Location of Request: Lot 16 & Lot 17, Block 28. of Railroad Addition. 10' of alley and R.O.W. of Fifth Street Existing Zoning: SF-3 *Requested Zoning: B-1 Explanation: * All requests shall be advertised for the requested district and/or any other district which is more restrictive by area requirements, land use and height. A legal description of the property for which the zoning change is requested must be completed as "EXHIBIT A" and attached hereto. The description shall include the distance and bearing of the point of beginning from the nearest intersection of streets or roads. Use a TYPEWRITER and sign where indicated. fTD Date Filed: 6/I 1/{W • Receipt No.: oZ 36 $ Pending Plat: / r City of Wylie, Development Services Department 2000 Highway 78 North • Wylie,Texas 75098 • 972-442-8150 • 972-442-8154 Fax "EXHIBIT A" 2 0 o n 06 Legal Description of Area of Request in Zoning Case No. PROPERTY DESCRIPTION Being a tract of land situated in the City of Wylie, Collin County, Texas and being all of Lot 16 and Lot 17, Block 28, of Railroad Addition, an Addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Volume 77, Page 494, Map Records, Collin County, Texas, being the east 10' of a 20' alley located west of said Lot 16 and Lot 17 and being the right-of-way of Fifth Street (70' R.O.W.) east of said Lot 16 and Lot 17 and being more particularly described as follows: • Commencing at the northeast corner of Lot 1, Block 28 of said Railroad Addition and being the intersection of the south right-of-way line of Masters Avenue (100' R.O.W.) and the west right-of-way line of Fifth Street (70' R.O.W.); Thence, South 90°00'00" East, along the extension of the north line of said Lot 1 and across said right-of-way of Fifth Street(70' R.O.W.), a distance of 70.00 feet to the east right-of-way line of Fifth Street (70' R.O.W.); Thence, South 00°00'00" East, along the east right-of- way line of Fifth Street (70' R.O.W.), a distance of 145.00 feet to the Point of Beginning; Thence, South 00°00'00" West, along the east right-of-way line of said Fifth Street (70' R.O.W.) and the west line of Lot 10, of Wylwood Estates, Filth Installment, an Addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet C, Page 384, Map Records, Collin County, Texas, a distance of 140.00 feet to a point for corner; Thence, North 90°00'00" West, across said Fifth Street (70' R.O.W.) along the extension of the south line of said Lot 16 and the north line of Lot 15, of said Block 28 and along the south line of said Lot 16 and the north line of said Lot 15, a distance of 195.00 feet to the southwest corner of said Lot 16 and the northwest corner of said Lot 15 and being on the east line of a 20' alley; Thence,North 00°00'00" East, along the east line of said 20' alley and the west line of said Lot 16 and the west line of said Lot 17, a distance of 140.00 feet to the northwest corner of said Lot 17 and being on the south line of a 20' alley; Thence, South 90°00'00" East, along the south line of said 20' alley, the north line of said Lot 17 and along the extension'of the north line of said Lot 17 across said Fifth Street (70' R.O.W.), a distance of 195.00 feet to the Point of Beginning and containing 27,300 square feet or 0.627 acres of land. I certify that to the best of my knowledge,.this is an accurate description of,the.property upon which I have requested a change in zoning. I understand that I am fully responsible for the legal description given above. Date: 7 n) Signature of Applicant: Page 1 of 2 "EXHIBIT A" MASTERS AVENUE POINT OF (100' R.O.W.) COMMENCING S 90°00'00" E SCALE: 1"=50' 70.00' WYLIE o CEMETERY EXISTING FUNERAL HOME o 6 5 4 3 2 1 0 w BLOCK 28o 0 0 0 O o N. c' JOHN AKIN . _. LANE 20' ALLEY (50' R.O.W.) S 90°00'00" E 195.00' 125.00' —1--- 70.00' —Nib,. _ 0 o POINT OF 10 8I• 17 o BEGINNING Ici w 27,300 SQ. FT. 0F. 0.627 ACRES o 0 I o 0 1 Io 010 0l o 11 . zIo 16 o In r` 1 1 r_Li� z .;i. 125.00' 70.00' d CII a c0 N 90°00'00' W 195.00' p— E- N --1 W E- a W>- OzUp 12 _ 15 E-ma C Cr) Fx-: Ei Page 2 of 2 WYLIE CITY COUNCIL AGENDA ITEM NO. 2 July 25, 2000 Issue Hold a public hearing to consider and act upon the adoption of new residential zoning district regulations. Background With the adoption of the Comprehensive Land Use Plan, several recommendations were made regarding future land uses and development standards. In order to implement the Comprehensive Plan, the City Council authorized Ray Stanland and Associations to prepare a new Zoning Ordinance with districts and standards in place to support the tenets identified in the Plan. On direction from the City Council and the Planning & Zoning Commission, priority has been given to the establishment of new residential zoning districts. For consideration and public hearing are: • Article 1 - General Provisions • Article 2 - Districts and Zoning District Map • Article 3 - Residential District Regulations • Article 5 - Use Regulations. The proposed ordinance would put in place new residential zoning districts which support the land use categories of the Comprehensive Plan. By categories, the districts are: • Country Residential: AG (Agricultural)District SF-lA(1 acre) District • Suburban Residential: SF-30 (Single Family— 30,000 sq.ft. lot) SF-20 (Single Family—20,000 sq.ft. lot) SF-10 (Single Family— 10,000 sq.ft. lot) • Village Center: SF-8.5 (Single Family— 8,500 sq.ft. lot) TH (Townhouse) MF (Multifamily) MH (Manufactured Home) A new concept included in the proposed ordinance is the Residential Design Standards. All newly zoned residential properties must meet the base requirements of land design, street and sidewalk, and architectural standards. In addition, properties must also achieve points in each of these same categories. The purpose of the point system is to allow the developer to customize the development with design features of their choosing, while still meeting the desired standards of the community as expressed in the Comprehensive Plan. Financial Consideration Other Considerations The Charter establishes the duties and powers of the Planning & Zoning Commission which include: Recommend to the City Council proposed ordinances and amendments to ordinances regarding planning, zoning and environmental quality and review ordinances and amendments proposed by the City Council relative to the City Council's planning and zoning function. Board/Commission Recommendations A Public Hearing was conducted by the Planning&Zoning Commission on June 20, 2000. At that time, the Planning & Zoning Commission recommended adoption of Articles 1, 2, 3, and 5 of the Zoning Ordinance with the following amendments: • The preliminary drafts of the proposed ordinance identified a SF-2A(2-acre minimum) residential district. After discussion during the June 20 meeting, the Planning & Zoning Commission recommended changing this district to the proposed SF-lA(1-acre minimum). All other aspects of the proposed district remain the same. • The density requirements for the MF (Multifamily)district had been unintentionally omitted from the draft and needed to be included. • During the public hearing, the Planning Commission concurred with input from developer Gary Defrain suggesting that points be awarded for the provision of curvilinear streets. • Within in the design standards, the Planning Commission recommended clarifying the definition of "perimeter" with regard to the perimeter walkway and landscaping standards. Staff Recommendations Staff recommends approval of the Ordinance as amended. Attachments Draft Ordinance - located in the inside folder ofyour Agenda Packet (11t-L #1 avot44-r) Prepares ey evieVied by Finance City Ma e proval DRIFT—FOR REVIEW ONLY Zoning Ordinance ZONING ORDINANCE TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS Section 1.1 Enacting Clause Section 1.2 Purpose Section 1.3 Effective Date Section 1.4 Enforcement Section 1.5 Interpretations Section 1.6 Severability ARTICLE 2 DISTRICTS AND ZONING DISTRICT MAP Section 2.1 Zoning Districts Established Section 2.2 Zoning District Map Section 2.3 Rules for Interpreting Zoning District Boundaries Section 2.4 Temporary Zoning,Annexed Territory Section 2.5 Compliance Required Section 2.6 Regulations Applicable to All Districts ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS Section 3.1 Rural Residential Districts Section 3.2 Suburban Residential Districts Section 3.3 Village Center Districts Section 3.4 Residential Design Standards A RTicLE 4 NONRESIDENT!AL DISTRICT REGULATIONS I€)NS ARTICLE 5 USE REGULATIONS Section 5.1 Land Use Chart Section 5.2 Listed Uses Section 5.3 Accessory Uses and Structures Section 5.4 Specific Use Permits Section 5.5 Temporary Uses Section 5.6 Classification of New and Unlisted Uses ARTICLE 6 SPECIAL PURPOSE AND OVERLAY DISTRICTS Section 6.1 PD, Planned Development District Section 6,2 FP, Floodplain District Section 6.3 Clil), Central Business District Section 6.4 H, Historic District June 30,2000 TABLE OF CONTENTS Page 1 Zoning Ordinance DRAFT—FOR REVIEW ONLY ... ARTICLE 7 GENERAL DEVELOPMENT STANDARDS Section 7.1 Residential Adjacency Standards Section 7.2 Design Standards Section 7.3 Off-street Parking and Loading Requirements Section 7.4 Landscape, Buffering and Tree Preservation Standards Section 7.5 Accessory Building Regulations Section 7.6 Environmental Standards Ain'ICLE 8 SIGN REGULATIONS ARTICLE 9 DEVELOPMENT REVIEW PROCEDURES Section 9.1 Platting Property Not Permanently Zoned Section 9.2 Site Plan Review Procedures and Requirements Section 9.3 Creation of Building Site Section 9.4 Zoning Board of Adjustment Section 9.5 Certificates of Occupancy and Compliance Section 9.6 Changes and Amendments to all Zoning Ordinances and Districts Section 9.7 Administrative Procedures ARTICLE 10 NONCONFORMING USES AND STRUCTURES ARTICLE 11 DEFINITIONS Page 2 TABLE OF CONTENTS June 30,2000 DR4FT—FOR REVIEW ONLY ' Zoning Ordinance ARTICLE 1 GENERAL PROVISIONS SECTION 1.1 ENACTING CLAUSE This ordinance shall be known, cited and referred to as the interim Residential portion of the Zoning Ordinance of the City of Wylie. SECTION 1.2 PURPOSE Regulations in this ordinance are established in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, morals, and general welfare of the citizens of the City of Wylie. In addition, this Ordinance is adopted in order to provide regulations for residential rezoning requests during the period of time that the remainder of the City of Wylie Zoning Ordinance is being rewritten and/or amended. All of the zoning regulations are designed to: A. Implement the City of Wylie's Comprehensive Plan; B. Encourage and facilitate the most appropriate use of land throughout the city; C. Ensure logical, quality growth within the city; D. Promote the character of areas of the city; E. Conserve and stabilize the value of property; F. Provide adequate open space for light and air; G. Secure safety from fire, panic and other dangers; H. Lessen congestion on streets, roads and highways; I. Facilitate adequate provision of utilities and facilities such as transportation, water, sewage, schools, parks and other public facilities; J. Protect environmental assets of the city; and K. Ensure quality development that will promote economic development and preserve and enhance the quality of life in the city. SECTION 1.3 EFFECTIVE DATE This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law, subject to the following: A. This Ordinance shall only apply to applications submitted requesting the rezoning of property to any residential district. B. Applications submitted requesting the zoning of property to any nonresidential district shall be governed by the existing nonresidential districts' portion of the City of Wylie Zoning Ordinance No. 85-23A, as amended. C. Residential development occurring on land in accordance with its existing residential district zoning shall be governed by the existing residential districts' portion of the City of Wylie Zoning Ordinance No. 85-23A, as amended. June 30, 2000 ARTICLE 1—GENERAL PROVISIONS Page 1 Zoning Ordinance DRAFT—FOR REVIEW ONLY D. All administrative procedures from the existing City of Wylie Zoning Ordinance No. 85-23A, as amended, shall be followed. SECTION 1.4 ENFORCEMENT A. Compliance Required 1. It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or land area in violation of any provision of this ordinance. 2. No permit, certificate, license or other document or oral approval, the use of which is subject to the provisions of these regulations shall be issued by any department, agency, or board until it has been determined that all substantive requirements have been met and all procedures have been followed. 3. Offences committed and all liabilities incurred prior to the effective date of any subsequent amendments to this ordinance shall be treated as though all prior applicable regulations were in full force and effect for the purpose of sustaining any suit, action or prosecution with respect to such offences and liabilities. B. Penalty for Violation 1. Any person or corporation who violates any of the provisions of this ordinance or fails to comply with any of the requirements, or builds or alters any building or use in violation of any detailed statement or plan submitted and approved is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than 2000 dollars and each day such violation shall be permitted to exist shall constitute a separate offense. 2. The owner or owners of any building or premises or part thereof, where anything in violation of this ordinance is placed, and any architect,builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction shall be fined as provided above. 3. A person commits an offense if he owns,uses or controls a premises and fails to comply with any of the provisions of this ordinance. 4. It is a defense to prosecution under this ordinance that a person is in compliance with an order of the Board of Adjustment that specifically authorizes otherwise unlawful conduct under this ordinance. C. Civil Action This ordinance may be enforced through civil court action as provided by state law. D. Revocation of Development Permit 1. The city shall have the power to revoke any permit or development approval for the violation of any of these regulations or conditions imposed in the granting of a development permit. Revocation of a development permit requires: a. A public hearing where the Commission shall determine the nature and extent of the violation of the development permit; b. Proper notice to the permittee; c. Written notice from the director which shall give the permittee the reasons for the proposed cancellation of the permit; and d. A finding by the City Council that reasonable corrective measures have not been done by the permittee and that revocation of the development permit is required. Page 2 ARTICLE 1—GENERAL PROVISIONS June 30, 2000 DRAFT—FOR REVIEW ONLY . Zoning Ordinance 2. The City Council in its discretion, may impose a conditional revocation of a development permit. 3. The Director shall have the right to order immediate compliance with any provision of this ordinance or any condition of a development permit dealing with a direct health or safety issue. If immediate compliance is not obtained, the Director shall order immediate cessation of operation and refer the matter to the City Council for consideration of revocation of the permit. E. Enforcement Authority The provisions in this ordinance may be enforced by the Director,the building official, or any other designated representative of the city. F. Effects of Private Covenants Nothing in this ordinance shall be construed to render inoperative any restriction established by covenants running with the land, unless such restrictions are prohibited or are contrary to the provisions of these regulations. In the event of a conflict, this ordinance controls. SECTION 1.5 INTERPRETATIONS Unless the context clearly indicates otherwise, the following rules apply in interpreting this ordinance: A. Words used in the present tense include the future tense. B. Words in the singular include the plural, and words in the plural include the singular. C. The word"lot" includes the words "building site," "site," "plot" or"tract." D. The word"shall" is mandatory and not discretionary. E. The word"may" is optional and discretionary. F. The words "used" or"occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied." SECTION 1.6 SEVERABILITY If any portion of this ordinance is held to be invalid or unconstitutional, the remainder of the ordinance shall not be invalid, but shall remain in full force and effect. June 30,2000 ARTICLE 1—GENERAL PROVISIONS Page 3 DRAFT—FOR REVIEW ONLY !- Zoning Ordinance ARTICLE 2 RESIDENTIAL DISTRICTS AND ZONING DISTRICT MAP SECTION 2.1 RESIDENTIAL ZONING DISTRICTS ESTABLISHED In order to regulate the use of land and buildings, and to regulate the location,height,bulk and size of buildings and other structures built on the land, the following districts are created: ABBREVIATED ZONING DISTRICT NAME DESIGNATION Country Residential Districts AG Agricultural District SF-1A Single Family— 1 Acre Suburban Residential Districts SF-30 Single Family-30 District SF-20 Single Family - 20 District SF-10 Single Family - 10 District Village Center Districts SF-8.5 SF-8.5 Single Family—8.5 District TH Townhouse District MF Multifamily District MH Manufactured Home District SECTION 2.2 ZONING DISTRICT MAP A. Adoption of the Official Zoning District Map The boundaries of each zoning district are delineated and shown on the official Zoning District Map of the City of Wylie. The official Zoning District Map, together with all notations, references, dimensions, designations and other information shown on the map, is adopted and made part of this ordinance, as amended, by reference. The official Zoning District Map shall be stored, maintained, and kept current by the Department of Planning. B. Amendments No change to the official Zoning District Map shall be authorized without the approval of a rezoning application. The application shall be processed in accordance with the requirements of Article 9 Development Review Procedures of this ordinance, as amended. No change to the official Zoning District Map shall be authorized or become effective without final action of the City Council or a court of competent jurisdiction. C. Consistency with Comprehensive Master Plan No amendment or rezoning shall be approved unless it is consistent with the goals, objectives and policies of the Comprehensive Master Plan. June 30, 2000 ARTICLE 2—RESIDENTIAL DISTRICTS&ZONING DISTRICT MAP Page 1 .. Zoning Ordinance DRAFT—FOR REVIEW ONLY SECTION 2.3 RULES FOR INTERPRETING ZONING DISTRICT BOUNDARIES A. Boundary Rules The following rules shall apply in determining uncertain boundaries of a district as shown on the official Zoning District Map: 1. Where a boundary follows a public street or ally, the centerline of the street shall be the boundary. 2. Where a boundary follows a platted lot line, the lot line shall be the boundary. 3. Where a boundary follows a city limit line, the city limit line shall be the boundary. 4. Where a boundary follows a railroad or utility line, the boundary is the established center line of the railroad or utility right-of-way.If no centerline is established, the boundary is midway between the right-of-way lines. 5. Where a boundary follows the centerline of streams, rivers, canals, lakes or other bodies of water, the boundary is the centerline. The centerline is interpreted as being midway between the shorelines of the body of water. If the centerline changes,the boundaries are construed as moving with the centerline. 6. In cases where district boundary lines are indicated as approximately paralleling a street, alley, right-of-way, easement line or other feature existing at the time of the enactment of this ordinance, as amended, they shall be construed as parallel to or extensions of the street, alley, right-of-way, easement line, or other feature,unless otherwise specifically dimensioned on the official Zoning District Map. 7. In instances where district boundary lines divide a parcel of unsubdivided property,the precise location of the district boundary shall be determined by the use of the scale appearing on the official Zoning District Map,unless the boundary is indicated by a specific dimension on the official Zoning District Map. 8. Where any public right-of-way is officially vacated or abandoned, the land use district regulations applied to abutting property shall extend to the former centerline of the vacated or abandoned right-of-way. B. Determination and Appeal The Director shall determine the location of the district boundary when uncertainty of boundaries exist that cannot be resolved by referencing A. Boundary Rules, above. Any person who is aggrieved by that determination may appeal to the City Council. Appeals shall be made in writing to the Director within 10 days of the decision. SECTION 2.4 TEMPORARY ZONING, ANNEXED TERRITORY A. Annexed Territory All territory annexed into the city shall be temporarily classified as "A," Agricultural District,until permanent zoning is established by the city council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations. B. Temporary Agricultural Rules Page 2 ARTICLE 2—RESIDENTIAL DISTRICTS&ZONING DISTRICT MAP June 30, 2000 ET DRAFT—FOR REVIEW ONLY Zoning Ordinance In an area temporarily classified as "A," Agricultural District: 1. No person shall erect, construct or proceed or continue with the erection or construction of any building or structure in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the building official or the city council as may be required. 2. No permit for the construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building permitted in the "A," Agricultural District, unless and until such territory has been classified in a zoning district other than the "A," Agricultural District by the city council in the manner prescribed by law except as provided in subsection 3,below. 3. An application for a permit for any other use than that specified in subsection 2, above, shall be made to the building official and referred to the Planning and Zoning Commission for consideration and recommendation to the city council. The action and recommendation of each body concerning the permit shall take into consideration the appropriate land use for the area. The city council, after receiving and reviewing the recommendations of the Planning and Zoning Commission, may, by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application. SECTION 2.5 COMPLIANCE REQUIRED All land, buildings structures or appurtenances which are occupied,used, erected, altered, removed, placed, demolished or converted, shall be occupied,used erected, altered,removed,placed, demolished, or converted in conformance with the zoning regulations prescribed for the zoning district in which the land or building is located. SECTION 2.6 REGULATIONS APPLICABLE TO ALL DISTRICTS The following regulations shall apply to all zoning districts in this ordinance, as amended: A. No land or building shall be used nor intended for any use other than those uses permitted in the district where the land or building is located. B. No building shall be erected, reconstructed, enlarged, structurally altered, or moved in such a manner as to evade conformity with height, bulk, lot area,use and other regulations for the district where the building is located. C. No yard provided adjacent to a building for the purpose of complying with provisions of this zoning ordinance, as amended, shall be considered as providing any part of a yard for another building on the same lot or on an adjacent lot. June 30, 2000 ARTICLE 2—RESIDENTIAL DISTRICTS&ZONING DISTRICT MAP Page 3 DR4FT-FOR REVIEW ONLY •.. Zoning Ordinance ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS SECTION 3.1 COUNTRY RESIDENTIAL DISTRICTS The Comprehensive Master Plan calls for the establishment of country residential areas outside of the village centers and its surrounding suburban residential areas where the country and or rural atmosphere can be preserved. These districts provide for very low density residential development and agricultural uses which will preserve the amenities of a rural environment and provide a buffer between the village centers and its adjacent development. A. Agricultural District(AG) 1. Purpose: There exists in parts of the City, land which is presently used for agricultural purposes and to which urban services may not yet be available. These lands should continue to be used for agricultural purposes until needed for urban purposes in conformity with the City's Comprehensive Master Plan. It is anticipated that lands currently zoned and used for agricultural purposes will eventually be used for more urban purposes as the City develops. Newly annexed areas that are predominantly used for agricultural purposes may be zoned as an agricultural district until other zoning is required. Agricultural districts outside of the Comprehensive Master Plan's designated village centers would be expected to be rezoned to a country residential district in the future. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Agricultural District, including density, height, lot and unit size. Figure 1-Agricultural District(AG) Lot Size Lot Area Minimum 2 acres Lot Width (feet) 200 Lot width of corner Lots (feet) 230 Lot Depth (feet) 300 Lot Depth of Double Front Lots (feet) 300 Dwelling Regulations Minimum Square Footage 2800 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard (feet) 50 Side Yard (feet) 20 Side Yard of Corner Lots (feet) 50 Side Yard of allowable nonresidential use(feet) 30 Rear Yard (feet) 50 Rear Yard Double Front Lots (feet) 50 June 30,2000 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS Page 1 "" Zoning Ordinance DRAFT—FOR REVIEW ONLY Yard Requirements-Accessory Structures Front Yard Behind Rear Building Line of Main Structure (See note 4.b.) Side Yards (feet) 10 Rear Yards (feet) 25 Rear Yard Double Front Lots (feet) 50 Side Yards Corner Lots (feet) 50 Minimum Distance From Main Building(feet) 5 Area of Building 5% of lot area up to 4000 cumulative square feet Height of Structures Main Structure(feet) 36 Accessory Structure (feet) 36 4. Additional Provisions: a. Please refer to additional requirements in Article 7, General Development Standards. b. A minimum separation of 100 feet between agricultural buildings and dwelling units on the same lot shall be maintained. Agricultural buildings for the purpose of this provision means those buildings used of the raising of crops or animals, or for the storage of agricultural equipment, supplies, or products. c. A minimum setback of 100 feet from the property line shall be provided for any agricultural building. d. Accessory structures on lots greater than 5 acres in area do not have to be behind the rear building line of the main structure. B. Single Family - 1 Acre District(SF-1A) 1. Purpose: SF-1A is a single family residential district for detached houses on individual lots and requiring a minimum lot size of 1 acre without any large animals and a minimum lot size of 2 acres with large animals. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family— 1 Acre District, including density, height, lot and unit size. Figure 2-Single Family 1 Acre District(SF-IA)' Lot Size No Large With Large Animals Animals Lot Area Minimum 1 acre Minimum 2 acres Lot Width (feet) 150 200 Lot width of corner Lots (feet) 175 230 Lot Depth (feet) 200 300 Lot Depth of Double Front Lots (feet) 200 300 Page 2 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30, 2000 DRAFT—FOR REVIEW ONLY ''' Zoning Ordinance Dwelling Regulations No Large With Large Animals Animals Minimum Square Footage 2800 2800 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements Main Structures Front Yard (feet) 90 50 Side Yard (feet) 20 20 Side Yard of Corner Lots (feet) 40 50 Side Yard of allowable nonresidential use(feet) 30 30 Rear Yard(feet) 50 50 Rear Yard Double Front Lots (feet) 50 50 Yard Requirements-Accessory Structures Front Yard Behind Rear Building Line of Main Structure Side Yards (feet) 10 10 Rear Yards (feet) 25 25 Rear Yard Double Front Lots (feet) 50 50 Side Yards Corner Lots (feet) 50 50 Minimum Distance From Main Building(feet) 5 5 Area of Building 5% of lot area up to 4000 cumulative square feet Height of Structures Main Structure (feet) 36 36 Accessory Structure (feet) 36 36 4. Additional Provisions: a. Please refer to additional requirements in Article 7, General Development Standards. b. A minimum separation of 100 feet between agricultural buildings and dwelling units on the same lot shall be maintained. Agricultural buildings for the purpose of this provision means those buildings used of the raising of crops or animals, or for the storage of agricultural equipment, supplies, or products. c. A minimum setback of 100 feet from the property line shall be provided for any agricultural building. SECTION 3.2 SUBURBAN RESIDENTIAL DISTRICTS The Comprehensive Master Plan calls for the development of suburban residential areas surrounding the village centers. These districts allow for single family, detached housing within the rings surrounding the village centers. Higher density single family districts are more appropriate close to the village centers while the lower density districts may be placed further away from the village centers. June 30,2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 3 ....:: Zoning Ordinance DR4FT—FOR REVIEW ONLY A. Single Family-30 District(SF-30) 1. Purpose: SF-30 is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 30,000 square feet. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-30 District, including density,height,lot and unit size. Figure 3-Single Family 30 District(SF-30) Lot Size Lot Area 30,000 Lot Width (feet) 125 Lot width of corner Lots (feet) 140 Lot Depth (feet) 175 Lot Depth of Double Front Lots (feet) 195 Dwelling Regulations Minimum Square Footage 2600 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard (feet) 30 Side Yard (feet) 15 Side Yard of Corner Lots (feet) 30 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 30 Rear Yard Double Front Lots (feet) 50 Yard Requirements-Accessory Structures Front Yard Behind Rear Building Line of Main Structure Side Yards (feet) 10 Rear Yards (feet) 10 Rear Yard Double Front Lots (feet) 25 Side Yards Corner Lots (feet) 30 Minimum Distance From Main Building (feet) 5 Area of Building Maximum cumulative building size 4000 square feet; or Lot 2 Acres or Less (square feet) 10% of lot area Lot More Than 2 Acres (square feet) 5% of lot area, whichever is greater. Page 4 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRAFT-FOR REVIEW ONLY "" Zoning Ordinance Height of Structures Main Structure (feet) 36 Accessory Structure (feet) 36 4. Additional Provisions: Please refer to additional requirements in Article 7, General Development Standards. B. Single Family -20 District(SF-20) 1. Purpose: SF-20 is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 20,000 square feet. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-20 District,including density,height, lot and unit size. Figure 4-Single Family 20 District(SF-20) Lot Size Lot Area 20,000 Lot Width (feet) 100 Lot width of corner Lots (feet) 115 Lot Depth (feet) 150 Lot Depth of Double Front Lots (feet) 170 Dwelling Regulations Minimum Square Footage 2500 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 30 Side Yard(feet) 15 Side Yard of Corner Lots (feet) 30 Side Yard of allowable nonresidential use(feet) 30 Rear Yard (feet) 30 Rear Yard Double Front Lots (feet) 50 Yard Requirements-Accessory Structures Front Yard Behind Rear Building Line of Main Structure Side Yards (feet) 5 Rear Yards (feet) 10 Rear Yard Double Front Lots (feet) 25 June 30, 2000 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS Page 5 Zoning Ordinance DR4FT—FOR REVIEW ONLY Side Yards Corner Lots (feet) 30 Minimum Distance From Main Building(feet) 5 Area of Building Maximum cumulative building size 4000 square feet; or Lot 2 Acres or Less (square feet) 10% of lot area Lot More Than 2 Acres (square feet) 5% of lot area, whichever is greater. Height of Structures Main Structure(feet) 36 Accessory Structure (feet) 36 4. Additional Provisions: Please refer to additional requirements in Article 7, General Development Standards. C. Single Family - 10 District(SF-10) 1. Purpose: SF-10 is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 10,000 square feet. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-10 District, including density,height, lot and unit size. Figure 5-Single Family 10 District(SF-10) Lot Size Lot Area 10,000 Lot Width (feet) 75 Lot width of corner Lots (feet) 90 Lot Depth (feet) 100 Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations Minimum Square Footage 2200 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard (feet) 25 Side Yard (feet) 10 Side Yard of Corner Lots (feet) 25 Side Yard of allowable nonresidential use (feet) 30 Rear Yard (feet) 25 Rear Yard Double Front Lots (feet) 45 Page 6 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY '' Zoning Ordinance Yard Requirements-Accessory Structures Front Yard Behind Rear Building Line of Main Structure Side Yards (feet) 5 Rear Yards (feet) 10 Rear Yard Double Front Lots (feet) 25 Side Yards Corner Lots (feet) 25 Minimum Distance From Main Building(feet) 5 Area of Building Maximum cumulative building size 4000 square feet; or Lot 2 Acres or Less (square feet) 10% of lot area Lot More Than 2 Acres (square feet) 5% of lot area, whichever is greater. Height of Structures Main Structure (feet) 36 Accessory Structure(feet) 36 4. Additional Provisions: Please refer to additional requirements in Article 7, General Development Standards. SECTION 3.3 VILLAGE RESIDENTIAL DISTRICTS Village Residential Districts provide for appropriate land uses and density of uses within locations designated as village centers in the Comprehensive Master Plan. Residential uses within and immediately adjacent to the village centers provide a built-in support network for businesses located within it. Village centers provide a focus for civic, commercial, entertainment and service-related uses for a neighborhood. A. Single Family—8.5 District (SF-8.5) 1. Purpose: The SF-8.5 district is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 8,000 square feet. This is the highest density single family detached housing residential zoning allowed in Wylie and is intended to be adjacent to village centers. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-8.5 District, including density, height,lot and unit size. Figure 6-Single Family 8.5 District (SF-8.5) Lot Size Lot Area 8,500 Lot Width (feet) 60 Lot width of corner Lots (feet) 75 Lot Depth (feet) 100 June 30,2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 7 Zoning Ordinance DRAFT—FOR REVIEW ONLY Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations Minimum Square Footage 2000 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard (feet) 25 Side Yard (feet) 10 Side Yard of Corner Lots (feet) 25 Side Yard of allowable nonresidential use(feet) 30 Rear Yard (feet) 25 Rear Yard Double Front Lots (feet) 45 Yard Requirements-Accessory Structures Front Yard Behind Rear Building Line of Main Structure Side Yards (feet) 5 Rear Yards (feet) 10 Rear Yard Double Front Lots (feet) 25 Side Yards Corner Lots (feet) 25 Minimum Distance From Main Building(feet) 5 Area of Building Maximum cumulative building size 4000 square feet; or Lot 2 Acres or Less (square feet) 10% of lot area Lot More Than 2 Acres (square feet) 5% of lot area, whichever is greater. Height of Structures Main Structure(feet) 36 Accessory Structure (feet) 36 4. Additional Provisions: Please refer to additional requirements in Article 7, General Development Standards. B. Townhouse District(TH) 1. Purpose: The TH district is a single family residential district allowing attached houses on individual lots and requiring a minimum lot size of 4,000 square feet. The Townhouse District is intended to provide flexibility for development of properties that are providing open space, preserving natural areas of value, or avoiding areas with environmental hazards. The Townhouse District should be adjacent to or part of a mixed use development within the village centers. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Townhouse District, including density, height, lot and unit size. Page 8 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30, 2000 DRAFT-FOR REVIEW ONLY Zoning Ordinance Figure 7-Townhouse District(TH) Lot Size Lot Area 4000 Lot Width (feet) 30 Lot width of corner Lots (feet) 45 Lot Depth (feet) 100 Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations Minimum Square Footage 1500 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Ma in Structures Front Yard(feet) 15 Side Yard(feet) 0 or 5 Side Yard of Corner Lots (feet) 15 Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) 25 Rear Yard Double Front Lots (feet) 45 Yard Requirements-Accessory Structures Front Yard Behind Rear Building Line of Main Structure Side Yards (feet) 0 or 5 Rear Yards (feet) 10 Rear Yard Double Front Lots (feet) 25 Side Yards Corner Lots (feet) 15 Minimum Distance From Main Building(feet) 5 Area of Building Maximum cumulative building size 4000 square feet; or Lot 2 Acres or Less (square feet) 10% of lot area Lot More Than 2 Acres (square feet) 5% of lot area, whichever is greater. Height of Structures Main Structure (feet) 36 Accessory Structure (feet) 36 4. Additional Provisions: Please refer to additional requirements in Article 7, General Development Standards. June 30,2000 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS Page 9 Zoning Ordinance DRAFT—FOR REVIEW ONLY C. Multifamily District(MF) 1. Purpose: The MF district allows for high density residential development immediately adjacent to, or within, village centers. The Multifamily District provides for the development of multiple dwelling units on the same lot. Dwellings may be placed in one or more buildings and multiple buildings may be developed on the same lot. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Multifamily District, including density, height, lot and unit size. Figure 8-Multifamily District(MF)'. Lot Size Lot Area 43,560 Lot Width (feet) 100' at street with length—width ratio of 1:3 or less Lot width of corner Lots (feet) NA Lot Depth (feet) 150' with length—width ratio of 1:3 or less Lot Depth of Double Front Lots (feet) NA Dwelling Regulations Minimum Square Footage EF-600 sf; 1 BR- 750 sf; 2 BR- 900 sf; 3 BR- 1000 sf Maximum Density 15 Dwelling Units/Gross Acre Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard (feet) 30' from any street frontage Side Yard (feet) 20' from any interior lot line Side Yard of Corner Lots (feet) NA Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) NA Rear Yard Double Front Lots (feet) NA Yard Requirements-Accessory Structures Front Yard NA Side Yards (feet) NA Rear Yards (feet) NA Rear Yard Double Front Lots (feet) NA Side Yards Corner Lots (feet) NA Minimum Distance From Main Building(feet) 5 Page 10 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY Zoning Ordinance Area of Building Maximum cumulative building size 4000 square feet; or Lot 2 Acres or Less (square feet) 10% of lot area Lot More Than 2 Acres (square feet) 5% of lot area, whichever is greater. Height of Structures Main Structure(feet) 40 Accessory Structure (feet) 4034 4. Additional Provisions: Please refer to additional requirements in Article 7, General Development Standards. D. Manufactured Home District(MH) 1. Purpose: The Manufactured Home District allows for mid-density manufactured home parks or subdivisions immediately adjacent to, or within, village centers. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Are provided for both a manufactured Home Subdivision and a Manufactured Home Park, These development standards are shown in the following charts. Figure 9-Manufactured Home Subdivision(MH) Lot Size Lot Area 7,200 Lot Width (feet) 60' Lot width of corner Lots (feet) 70' Lot Depth (feet) 100' Lot Depth of Double Front Lots (feet) 120' Dwelling Regulations Minimum Square Footage 1,000 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard (feet) 25' Side Yard (feet) 10' Side Yard of Corner Lots (feet) 20' Side Yard of allowable nonresidential use(feet) na Rear Yard (feet) 25' Rear Yard Double Front Lots (feet) 40' Yard Requirements-Accessory Structures Front Yard Behind Rear Building Line of Main June 30,2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 11 Zoning Ordinance DRAFT-FOR REVIEW ONLY Structure Side Yards (feet) 5' Rear Yards (feet) 10' Rear Yard Double Front Lots (feet) 10' Side Yards Corner Lots (feet) 25' Minimum Distance From Main Building(feet) 5 Area of Building Maximum cumulative building size 4000 square feet; or Lot 2 Acres or Less (square feet) 10% of lot area Lot More Than 2 Acres (square feet) 5% of lot area, whichever is greater. Height of Structures Main Structure (feet) 30' Accessory Structure (feet) 15' 4. Additional Provisions for Manufactured Home Subdivisions: a. Please refer to additional requirements in Article 7, General Development Standards. b. Manufactured housing design and construction will comply with manufactured housing construction and safety standards published by the department of housing and urban development pursuant to the requirements of the Texas Manufactured Housing Standards Act (Vernon's Ann. Civ. St. art. 5221f, as amended) and all manufactured housing will be subject to inspection by the building official. c. All manufactured housing within a subdivision shall be set on a solid slab structure or pier and beam foundation. Additional rooms in the subdivision, such as enclosed porches, etc., shall be constructed on a solid slab. d. Accessory buildings will be either manufactured or constructed in accordance with city codes. Figure 10-Manufactured Home Park(MH) Lot Size Lot Area for the Park as a whole 2 acres Lot Area for Manufactured Home Pad Site 5,550 Lot Width (feet) 100' at street with length—width ratio of 1:3 or less Lot Depth (feet) 150' with length—width ratio of 1:3 or less Overall Density 7 Dwelling Units per Gross Acre Lot Depth of Double Front Lots (feet) 120' Dwelling Regulations Minimum Square Footage 1,000 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Page 12 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30, 2000 DRAFT—FOR REVIEW ONLY Zoning Ordinance Yard Requirements--Pad Sites Front Yard(feet) 20' Side Yard(feet) 10' Side Yard of Corner Lots (feet) 20' Rear Yard(feet) 10' Maximum Coverage 25% Minimum separation between Dwelling Units 20' Yard Requirements—Overall Site Open Space—Recreational Areas (Parks over 20 200 sq. ft. per DU DU's) Minimum Open Space Regardless of number of units 4,200 sq. ft. Height of Structures Main Structure(feet) 30' Accessory Structure (feet) 15' 5. Additional Provisions for Manufactured Home Parks: a. Please refer to additional requirements in Article 7, General Development Standards. b. Screening. Screening shall be as described and required in this ordinance, as amended, and this section. (See typical lot and layout following this section.) c. Open space. Open space recreation areas shall be free from traffic hazards, easily accessible to all park residents, and centrally located where topography permits. d. Sidewalks. Sidewalks must be 2 feet from the curb, of standard construction as specified in the Subdivision Ordinance, as amended, with a minimum width of 4 feet. e. Fencing requirements.The manufactured home park site shall be fenced as follows: (1) The entire area of the manufactured home park, including open spaces and other required improvements, shall be fenced. This perimeter fence shall be provided regardless of abutting property uses or zones and shall be placed just within the property line. The fence shall be constructed of wood or masonry and shall be at a minimum height of 8 feet. Such fence shall be kept in good repair. (2) Any site side line that joins the brick fence shall be fenced screened for a distance of 200 feetwith wood fencing to a height of 8 feet where there is 200 feet available. (3) The remaining fence shall meet the existing zoning requirements. June 30,2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 13 `!!' Zoning Ordinance DRAFT—FOR REVIEW ONLY SECTION 3.4 RESIDENTIAL DESIGN STANDARDS All properties must meet base requirements provided in this section for Land Design, Street and Sidewalks, and Architectural Standards. In addition,properties must also achieve points in each of these categories,based on the location of the property. The required points are detailed in the following sections. A. Land Design Standards.The purpose of the Land Design Standards is to provide for public pathways, to provide public access to open space, to provide enhancements along pathways, and to provide for village and suburban residential walkways. B. Street and Sidewalk Standards.The purpose of the Street and Sidewalk Standards is to provide for street treatments, pedestrian sidewalk and crosswalk standards, and to address location criteria of subdivisions adjacent to major thoroughfares. C. Architectural Standards.The purpose of the Architectural Standards is to provide standards for exterior facades, roof quality, repetition of residential unit designs, garage doors, and façade upgrades in village residential areas. D. Design Standards Review 1. All residential development shall achieve at a minimum the required number of points in Figures 12 through 14. 2. Details of the Land Design Standards are included in Subsection B, details of the Street and Sidewalk Standards are included in Subsection C, and details of the Architectural Standards are in Subsection D. FIGURE 11—DESIGN STANDARDS INDEX Village Residential Districts with or SF-8.5,TH,MF,MH See Figure 12 without adjacency to open space Suburban Residential Districts with or SF-30, SF-20, SF-10 See Figure 13 without adjacency to open space Country Residential Districts with or AG, SF-lA See Figure 14 without adjacency to open space Page 14 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY •-.•• Zoning Ordinance FIGURE 12 VILLAGE RESIDENTIAL DISTRICT (SF—8.5, TH,MF, MH) REQUIRMENTS A.VILLAGE LAND DESIGN REQUIREMENTS For properties with adjacency to flood plains,open space,electrical or water easements,or property adjoining Lake Lavon or Lake Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE POINTS 22 1. Public Open Space Easements 10' open space easement and 8' trail 20' open space easement 10 2. Perimeter Walkways and 10' buffer with 4' walk a. 20' buffer with 4' walk 10 or 22 Landscape b. 20' buffer with 8' walk 15 3. Connections of Open Space to 30' connection, 4' walk, every 10 lots a. 50' connection 5 or 23 Residential Development b. 50' connection with 8' walk 10 or c. Streets alongside open space 25 4. Lighting and Furnishings along Lighting—low-height solar lighting a. Exercise equipment 10 24 open space easements and trails every 200' b. Water fountains 10 Benches with backs every/mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5 24 5. Pedestrian Linkages to the Clearly defined, direct pedestrian No unit more than 1,300' actual distance 10 Village Center linkage Total Number of Land Design Points Available 90 Total Number of Land Design Points Required 30 B.VILLAGE LAND DESIGN REQUIREMENTS For'',properties without adjacency to flood plains,open space,electrical or water easements,or property adjoining Lake Lavon or Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE POINTS 2. Perimeter Walkways and 10' buffer with 4' walk a. 20' buffer with 4' walk 10 or 22 Landscape b. 20' buffer with 8' walk 15 4. Lighting and Furnishings along Lighting—low-height solar lighting a. Exercise equipment 10 24 open space easements and trails every 200' b. Water fountains 10 Benches with backs every/mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5 24 5. Pedestrian Linkages to the Clearly defined, direct pedestrian No unit more than 1,300' actual distance 10 Village Center linkage Total Number of Land Design Points Available 55 Total Number of Land Design Points Required 15 Page 15 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30, 2000 DRAFT—FOR REVIEW ONLY 3Tn'" Zoning Ordinance C.STREET AND SIDEWALK REQUIREMENTS (For all village Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS 1. Curvilinear Streets Meet standard city requirements Provide curvilinear streets 20 26 2. Entry Features and Medians 100 foot right of way for 200 feet. Landscape median 15 26 Brick or stone walls 3. Signage at Entries Signage incorporated into entry wall None NA 28 or monument sign 28 5. Sidewalk Locations Both sides of street, continuous None NA pathway 6. Sidewalk Width 4' concrete a. 5' concrete 10 or 28 b. 8' concrete 15 29 8. Sidewalk Lighting Low height solar every 200' Signage on decorative lighting poles 10 29 9. Location of Alleyways Screen parallel alleys from view _ No alleyways parallel to streets 20 10. Screening of Res. Units Screen with brick walls No residential units backing onto streets 20 30 Backing onto Public Streets 11. Village Res. Pedestrian Decorative pavers,brick or stone, None NA 31 Crosswalks striped 31 12. Village Res. Sidewalk 20% specialty paving 50% specialty paving 10 Material 13. Village Res. Street Trees Front yard trees Font yard trees evenly spaced on both 20 31 sides of street Total Number of Street and Sidewalk Points Available 130 Total Number of Street and Sidewalk Points Required 55 Page 16 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRAFT-FOR REVIEW ONLY •..fi Zoning Ordinance D.ARCHITECTURAL REQUIREMENTS (For all Village Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS 1.Exterior Facade Material 100%brick or stone None NA 32 33 3.Chimneys Chimney enclosure required Brick fireplace matching exterior 5 4.Roof Pitch 6:12 minimum roof pitch a. 8:12 or greater 5 33 b. Dormers, or combination hip and gable 10 5.Roof Materials Asphalt shingles, no wood shingles.Paint Architectural grade overlap shingles 5 34 rooftop accessories to match 6.Units with same floor plan and 7 lots skipped both sides of street a. 9 lots skipped both sides of street 10 or 34 same street elevation OR b.None within 1,200 feet 20 OR 7.Units with same floor plan and 7 lots skipped same side of street,4 lots a.9 lots skipped same side of street, 6 lots 10 or 35 different street elevation opposite side opposite side b.None within 1,200 feet 20 37 9.Village Residential front entry 40 sf minimum front porch,4' minimum a.Porch railing part of front porch design 5 cover depth b. 60 sf minimum front porch,5' minimum _ depth 10 10.Village Residential Mail box Paired at lot line One style throughout development 5 37 locations 38 11.Village Residential garage doors Offset,maximum 50percent of elevation Not on primary street elevation 20 12.Village Residential roofs and 8:12 pitch with architectural grade Dormers, or combination hip and gambrel 10 38 roofing materials overlap shingles Total Number of Architectural Points Available 95 Total Number of Architectural Points Required 40 Page 17 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS June 30, 2000 DRAFT—FOR REVIEW ONLY »>«u; Zoning Ordinance FIGURE 12 SUBURBAN RESIDENTIAL DISTRICT (SF-30, SF-20, SF-10) REQUIRMENTS A SUBURBAN LAND DESIGN REQUIREMENTS For properties with adjacency to flood plains,open space,electrical or water easements,or property adjoining Lake Lavon or Lake Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE POINTS 1. Public Open Space Easements 10' open space easement and 8' trail 20' open space easement 10 22 2. Perimeter Walkways and 10' buffer with 4' walk a. 20' buffer with 4' walk 10 or 22 Landscape b. 20' buffer with 8' walk 15 3. Connections of Open Space to 30' connection, 4' walk, every 10 lots a. 50' connection 5 or 23 Residential Development b. 50' connection with 8' walk 10 or c. Streets alongside open space 25 4. Lighting and Furnishings along Lighting—low-height solar lighting a. Exercise equipment 10 24 open space easements and trails every 200' b. Water fountains 10 Benches with backs every /mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5 6. Pedestrian Linkages to the Clearly defined pedestrian linkage a. No unit more than 3,000' actual 15 25 Village Center distance b. Separate 8' hike and bike connection 30 Total Number of Land Design Points Available 125 Total Number of Land Design Points Required 45 B.SUBURBAN LAND DESIGN REQUIREMENTS For properties without adjacency to flood plains,open space,electrical or water easements,or property adjoining Lake Lavon or Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE POINTS 2. Perimeter Walkways and 10' buffer with 4' walk a. 20' buffer with 4' walk 10 or 22 Landscape b. 20' buffer with 8' walk 15 4. Lighting and Furnishings along Lighting—low-height solar lighting a. Exercise equipment 10 24 open space easements and trails every 200' b. Water fountains 10 Benches with backs every l/mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5 6. Pedestrian Linkages to the Clearly defined pedestrian linkage a. No unit more than 3,000' actual 15 25 Village Center distance b. Separate 8' hike and bike connection 30 Total Number of Points Available 90 Total Number of Points Required Page 18 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRAFT-FOR REVIEW ONLY '!.=. Zoning Ordinance C.STREET AND SIDEWALK REQUIREMENTS (For all Suburban Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS 26 1. Curvilinear Streets Meet standard city requirements Provide curvilinear streets 20 26 2. Entry Features and Medians 100 foot right of way for 200 feet. Landscape median 15 Brick or stone walls 27 3. Signage at Entries Signage incorporated into entry wall None NA or monument sign 28 4. Pedestrian Crosswalks Connected system, striped Paver,brick or stone 10 28 5. Sidewalk Locations Both sides of street, continuous None NA pathway 28 6. Sidewalk Width 4' concrete a. 5' concrete 10 or b. 8' concrete 15 28 7. Sidewalk Material Concrete a. 20% special paving 10 or b. 50% special paving 15 29 8. Sidewalk Lighting Low height solar every 200' Signage on decorative lighting poles 10 _ 30 9.Location of Alleyways Screen parallel alleys from view No alleyways parallel to streets 20 30 10. Screening of Res. Units Screen with brick walls No residential units backing onto streets 20 Backing onto Public Streets 125 Total Number of Street and Sidewalk Points Available 55 Total Number of Street and Sidewalk Points Required Page 19 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS June 30,2000 gi' DRAFT—FOR REVIEW ONLY s: : Zoning Ordinance D.ARCHITECTURAL REQUIREMENTS (For all Suburban Residential Districts) w PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS 32 1. Exterior Façade Material 100%brick or stone None NA 2. Front Entry Cover 20 square feet covered front entry; 40 sf covered front porch 20 32 min 2' foot roof covering 33 3. Chimneys Chimney enclosure required Brick fireplace matching exterior 5 4. Roof Pitch 6:12 minimum roof pitch a. 8:12 or greater 5 33 b. Dormers, or combination hip and gable 10 5. Roof Materials Asphalt shingles, no wood shingles. Architectural grade overlap shingles 5 34 Paint rooftop accessories to match 6. Units with same floor plan and 7 lots skipped both sides of street a. 9 lots skipped both sides of street 10 or 34 same street elevation OR b. None within 1,200 feet 20 OR 35 7. Units with same floor plan and 7 lots skipped same side of street, 4 a. 9 lots skipped same side of street, 6 lots 10 or different street elevation lots opposite side opposite side b. None within 1,200 feet 20 36 8. Garage doors on street Offset, max 50% of elevation a. Doors recessed from main front facade. 10 elevation b. Not onprimary street elevation 20 Total Number of Architectural Points Available 85 Total Number of Architectural Points Required 30 Page 20 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DR4FT—FOR REVIEW ONLY .• Zoning Ordinance FIGURE 13 COUNTRY RESIDENTIAL DISTRICT (AG, SF-2A) REQUIRMENTS A.COUNTRY LAND DESIGN REQUIREMENTS For properties with adjacency to flood plains,open;space,electrical or water easements,or property adjoining Lake Lavon or Lake Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE POINTS 1. Public Open Space Easements 10' open space easement and 8' trail 20' open space easement 10 22 2. Perimeter Walkways and 10' buffer with 4' walk a. 20' buffer with 4' walk 10 or 22 Landscape b. 20' buffer with 8' walk 15 3. Connections of Open Space to 30' connection,4' walk, every 10 lots a. 50' connection 5 or 23 Residential Development b. 50' connection with 8' walk 10 or c. Streets alongside open space 25 4. Lighting and Furnishings along Lighting—low-height solar lighting a. Exercise equipment 10 24 open space easements and trails every 200' b. Water fountains 10 Benches with backs every 'h mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5 Total Number of Land Design Points Available 80 Total Number of Land Design Points Required 25 B. COUNTRY LAND DESIGN REQUIREMENTS For pro erties without adjacency to flood plains,open space,electrical or water easements,or property adjoining Lake Lavon or Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b.. DESIRABLE POINTS 2. Perimeter Walkways and 10' buffer with 4' walk a. 20' buffer with 4' walk 10 or 22 b. 20' buffer with 8' walk 15 Landscape Total Number of Land Design Points Available 15 105 Total Number of Land Design Points Required Page 21 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRIFT—FOR REVIEW ONLY .• Zoning Ordinance C.STREET AND SIDEWALK REQUIREMENTS (For all Country Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS 26 1. Curvilinear Streets Meet standard city requirements Provide curvilinear streets 20 26 2. Entry Features and Medians 100 foot right of way for 200 feet. Landscape median 15 Brick or stone walls 26 3. Signage at Entries Signage incorporated into entry wall None NA or monument sign 27 4.Pedestrian Crosswalks Connected system, striped Paver, brick or stone 10 28 5. Sidewalk Locations Both sides of street, continuous None NA pathway _ 28 6. Sidewalk Width 4' concrete a. 5' concrete 10 or b. 8' concrete 15 28 7. Sidewalk Material Concrete a. 20% special paving 10 or b. 50% special_paving 15 29 8. Sidewalk Lighting Low height solar every 200' Signage on decorative lighting poles 10 30 9. Location of Alleyways Screen parallel alleys from view No alleyways parallel to streets 20 30 10. Screening of Res. Units Screen with brick walls No residential units backing onto streets 20 Backing onto Public Streets Total Number of Street and Sidewalk Points Available 125 Total Number of Street and Sidewalk Points Required 30 Page 22 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY IP I Zoning Ordinance D.ARCHITECTURAL REQUIREMENTS (For all Country Residential Districts) PAGE# ELEMENT BASE STANDARD t DESIRABLE POINTS 32 l. Exterior Façade Material 100% brick or stone None NA 2. Front Entry Cover 20 square feet covered front entry; 40 sf covered front porch 20 32 min 2 ' foot roof covering 33 3. Chimneys Chimney enclosure required Brick fireplace matching exterior 5 4. Roof Pitch 6:12 minimum roof pitch a. 8:12 or greater 5 33 b. Dormers, or combination hip and gable 10 34 5. Roof Materials Asphalt shingles, no wood shingles. Architectural grade overlap shingles 5 Paint rooftop accessories to match 34 6. Units with same floor plan and 7 lots skipped both sides of street a. 9 lots skipped both sides of street 10 or same street elevation OR b. None within 1,200 feet 20 OR 35 7. Units with same floor plan and 7 lots skipped same side of street,4 a. 9 lots skipped same side of street, 6 lots 10 or different street elevation lots opposite side opposite side b. None within 1,200 feet 20 36 8. Garage doors on street Offset, max 50% of elevation a. Doors recessed from main front façade. 10 elevation b. Not on primary street elevation 20 Total Number of Architectural Points Available 85 Total Number of Architectural Points Required 20 Page 23 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 " Zoning Ordinance DRAFT—FOR REVIEW ONLY E. Land Design Standards Land Design points are awarded to projects in accordance with the following criteria: 1. Provision of Public Pathways-Public Open Space Easements a. Base Standard (1) All Residential Development shall include a provision of an open space easement of a minimum width of 10 feet, and inclusion of an 8 foot wide public pathway trail constructed to the City's standards in the easement, if any open space occurs in the residential development in the following situations: • adjacent to the 100 year flood plain line, • adjacent to an Electrical or Water easement right-of-way line, and/or • adjacent to the public property line adjoining Lake Lavon or Lake Ray Hubbard, and (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. 4. 5p'AC •` 1ENJ7 �—�--P'r`.k ",Cct r‹.e‘C :t at • • b. Desirable Design Attributes Increase the width of the public open space easement requirement to a 20 foot width. [10 points.] 2. Provision of Public Pathways -Perimeter Walkways and Landscape a. Base Standard All Residential Development shall provide a 4 foot minimum width meandering concrete public walkway with a 10 foot minimum width landscape buffer around the development perimeter when adjacent to a public thoroughfare. The meandering walkway may be located partially in the landscape buffer and partly within the street right of way parkway and must be placed one foot off of the curb. Page 24 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY Zoning Ordinance _,__ __ •., , ..........r)/ ... . / i. '''.\\ , ,i,• ,... i , ,, \ , , t -1, i . . , , s„,,,, ,,--„,„,,,,,,:..,,, ___.,,,, ,--,.i,„-„,",,,.2,-17, NT I ,v.‘,.„ .. A .11 1 w ; r b. Desirable Design Attributes (1) Provide a 20 foot landscape buffer with a 4 foot minimum meandering concrete walkway around the development perimeter when adjacent to public thoroughfares. [10 points] (2) Provide a 20 foot landscape buffer with a 8 foot minimum meandering concrete walkway around the development perimeter when adjacent to public thoroughfares. [15 points] 3. Public Access to Open Space- Connections of Open Space to Residential Development a. Base Standard All Residential Development shall provide open space connections from public streets to open space amenities within the development to provide access to the subdivision. Connections shall be a minimum of 30 feet wide with a 4 foot concrete pedestrian walkway, and shall be provided at one connection for every 10 house lots along the length of the open space. June 30, 2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 25 Zoning Ordinance DRAFT-FOR REVIEW ONLY t r ' (ii,„•,. 0 . • 1._ . C i 54-I15pNvt ic.t De. P...•CP.MEN'" • F � T CTI e • , (1_..._4_________. __ _ lit ,...,FEI,,,i F:.At,.c_z_ . - ' Y - /'ram`Y`_e,. 'P e.--i P 4.5 C.- --4 I. •. . + I * ++ �{. b. Desirable Design Attributes (1) Provide a 50 foot wide connection, every 10 lots, with a 4 foot concrete pedestrian walkway. [5 points] (2) Provide a 50 foot wide connection, every 10 lots, with an 8 foot concrete pedestrian walkway. [10 points] (3) Lay out residential development so that the streets are placed alongside an open space area, with single loaded houses across the street that face toward the open space amenity. [25 points] 4. Lighting and Furnishings Along Open Space a. Base Standard On open space easements, public walkways and trails, provide: (1) Low-height solar lighting every 200 feet. (2) Benches which meet the city's standard park bench, at a minimum spacing of one bench per 1/2 mile, or any portion thereof. b. Desirable Design Attribute (1) Provide facilities for a balanced exercise program as part of the walkway system. [10 points] (2) Provide water fountains at a min8imum spacing of one per mile. [10 points] (3) Provide decorative paving. [5 points] (4) Provide enhanced cross walks. [5 points] Page 26 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DR4FT-FOR REVIEW ONLY Zoning Ordinance 5. Village Residential Walkways -Pedestrian linkages to the Village Center a. Base Standard Residential •units in a Village Residential District shall have clearly defined, direct pedestrian linkages to the village center along streets which are not arterial roadways. b. Desirable Design Attribute No residential unit in a Village Residential District will be located more than 1,300 feet actual walking distance along a pedestrian sidewalk, including crosswalks, from the edge of a village center. (10 points] 6. Suburban Residential Walkways -Pedestrian linkages to the Village Center a. Base Standard Residential units in a Suburban Residential District shall have a sidewalk system that provides clearly defined, pedestrian linkages to the village center, and the sidewalk system shall be coordinated with any intervening Village Residential District to provide a continuous pedestrian system. b. Desirable Design Attributes (1) No residential unit in a Suburban Residential District will be located more than 3,000 feet actual walking distance along a pedestrian sidewalk, including crosswalks,from the edge of a village center. (1 S points] (2) An 8 foot wide concrete hike and bike trail system within the development will provide access to the village center, and access to the trail system will be located within 800 feet walking distance.from 50 percent or more of the residential units in the Suburban Residential Distrct, in addition to the sidewalk system(30 points] ,x ., e V. 'rah. i e : y�v ; :5 r ` 3F' xn y t t a a ' ,' 'tom fl*"i k Ca'7; � 441 OFF x' "az - 5',�t d W Y] }, HfeaY �F i A n ^ H w y w '`^ r r. �, June 30,2000 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS Page 27 '° Zoning Ordinance DRAFT—FOR REVIEW ONLY F. Street and Sidewalk Standards Street and sidewalk points are awarded to projects in accordance with the following criteria: 1. Curvilinear Streets a. Base Standard Streets shall meet the city's street requirements. b. Desirable Design Attribute Subdivisions with curvilinear streets allow streets to follow original topography, reduce visual monotony of lot appearance, reduce speeds through residential neighborhoods, and discourage cut-through traffic. Subdivisions which develop curvilinear streets that meet the following standards are desirable in the City of Wylie. (1) Twenty five percent of the street lengths in a subdivision,excluding major or secondary thoroughfares, should be curvilinear in design. (2) The term curvilinear in design shall refer to any street segment which is designed with a degree of curvature not less than 3 degrees 30 minutes and not greater than 22 degrees 55 minutes, and which shall offset a minimum distance of 30 feet measured perpendicular to the initial tangent line of the curve. Computation of percentage of curvilinear street shall utilize the centerline of all residential streets within the subdivision. [20 points] 2. Street Treatments—Entry Features and Medians a. Base Standard All entrances to a residential subdivision shall have a 100 foot wide right-of-way for a minimum length of 200 feet, with flanking brick or stone masonry walls in Village and Suburban Residential districts. Walls are not to be used in Country Residential districts,but element such as wood rail fences are appropriate. b. Desirable Design Attribute All entrances to a residential subdivision have 100 foot wide rights-of-way for a minimum length of 200 feet, with landscaped medians, landscaped in accordance with the City's Landscape Ordinance, as amended. [15 points] 3. Street Treatments—Signage at Entries a. Base Standard If signage identifying a subdivision is used in a Village Residential or Suburban Residential district, it must be incorporated into the walls flanking the entry, or a monument signs may be incorporated into a landscaped median at the subdivision entry. Signs in Country Residential districts must be incorporated into wood rail fences or other similar"rural" style entry element. Page 28 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30, 2000 DRAFT—FOR REVIEW ONLY ... Zoning Ordinance .Lr '^.III " le„r `X_, S 3 Y • • 3 9<„• d ' b. Desirable Design Attributes None 4. Street Treatments—Pedestrian Crosswalks in Suburban and Country Districts a. Base Standard All crosswalks within a Residential development are to be striped with white reflective paint, and must connect to a pedestrian sidewalk system with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. Desirable Design Attributes Use of decorative concrete paver, brick or stone paving in lieu of white reflective paint striping at all crosswalks within a subdivision. [10 points] June 30, 2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 29 Zoning Ordinance DRIFT—FOR REVIEW ONLY a �. ` • . to*. 14, Ord 5. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard Pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street, and shall form a continuous pedestrian pathway system throughout the development. b. Desirable Design Attributes None 6. Pedestrian Sidewalks - Width a. Base Standard All residential development shall provide 4 foot minimum width concrete public sidewalks, in accordance with the Subdivision Ordinance, as amended. b. Desirable Design Attributes: (1) Provision of 5-foot minimum width concrete public sidewalks. [10 points] (2) Provision of 8-foot minimum width concrete public sidewalks. [15 points] 7. Pedestrian Sidewalks- Sidewalk Material in Suburban and Country Districts a. Base Standards Sidewalks in Residential Development shall be concrete public sidewalks, in accordance with the Subdivision Ordinance, as amended. b. Desirable Design Attributes (1) Provision of specialty paving, such as decorative concrete pavers, brick or stone,for a minimum of 20 percent of the sidewalk surface area. [10 points] Page 30 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY Zoning Ordinance (2) Provision of specialty paving, such as decorative concrete pavers, brick or stone,for a minimum of 50 percent of the sidewalk surface area. [15 points] 8. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard (1) Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing lighting for both sidewalks and streets, at a maximum spacing of 200 feet apart on each side of the street. (2) Pedestrian only walkways shall be lighted only with low height, solar powered pathway lighting standards and fixtures. 4,' b. Desirable Design Attributes Placement of directional and street name signage on decorative lighting poles. [10 points] June 30,2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 31 Zoning Ordinance DRAFT-FOR REVIEW ONLY 9. Location of Alleyways Adjacent to Major Thoroughfares a. Base Standard Alleyways adjacent to major thoroughfares in Village and Suburban Residential districts shall be screened from view from the public street with 6 foot high brick or stone laid masonry walls, wherever they are located parallel to the public street. Landscape planting may be placed on the public street side of the wall,but will not be considered as part of the screening requirement. Walls are not to be used in Country Residential districts. iF �, . . d' R - Ai w<._ b t +4' ` ram- "1g.�2 �,, ye Sl b. Desirable Design Attributes Locate alleyways, if any are included in the development, so that they are not parallel and adjacent to major thoroughfares. [20 points] 10. Screening of Residential Units Backing on to Major Thoroughfares a. Base Standard Residential units which back on to major thoroughfares within or adjacent to a Village Residential or Suburban Residential Development shall be screened from view from the public street with 6 foot high brick or stone laid masonry walls. Walls are not to be used in Country Residential districts. Page 32 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 11 DR4FT—FOR REVIEW ONLY Zoning Ordinance • >� y .. g :.,:,;I:':4Angt5,AWg:',',:;:alg k NINggentE N:` '�x,lile.•�vkM. ..Sad`^A 9: �. ..., ......... I d . b. Desirable Design Attributes Plan the Residential Development so that no residential units back on to major thoroughfares. [20 points] 11. Village Residential Streets and Sidewalks -Pedestrian Crosswalks a. Base Standard Crosswalks shall be decorative concrete paver, brick or stone paving in lieu of white reflective paint striping at all crosswalks within a Village Residential subdivision, and must connect to a pedestrian sidewalk system with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian circulation system throughout a subdivision. b. Desirable Design Attributes: None 12. Village Residential Streets and Sidewalks -Village Residential Sidewalk Material a. Base Standard Sidewalks in Residential Development shall be specialty paving, such as decorative concrete pavers, brick or stone, for a minimum of 20 percent of the sidewalk surface area. b. Desirable Design Attributes Provision of specialty paving, such as decorative concrete pavers, brick or stone, for a minimum of 50 percent of the sidewalk surface area. [10 points] 13. Village Residential Streets and Sidewalks -Village Residential Street Trees a. Base Standard Front yard trees for Village Residential developments shall be provided in accordance with the Landscape Ordinance, as amended. b. Desirable Design Attributes: Coordinated planting of front yard trees throughout the development to form a formal row of trees along the street, using trees of the same species, minimum 3 inch caliper diameter at June 30, 2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 33 .. Zoning Ordinance DRAFT—FOR REVIEW ONLY time of planting, evenly spaced along both sides of the street at a maximum spacing of 30 feet on center. [20 points] - :! .. k , .. * Pwt+r-bmrr t t , LOT L.tNC'"� G. Architectural Standards Architectural points are awarded to projects in accordance with the following criteria: 1. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of 100 percent of their exterior facade as brick or stone laid masonry units, excluding windows, doors and other fenestration, and glazing shall not exceed 25 percent of the front elevation of the residence. Dormers or other elements supported by the roof structure may be wood siding. Wood siding, wood shingles, or masonry stucco may be used for exterior facades if it is in an architectural style that meets the approval of the Planning and Zoning Commission, or is reflective of a historic style similar to those found on historic residential buildings in downtown Wylie. Exceptions may be granted when one or more of the following conditions are met: (1) When other materials are required to blend with the historic architecture of the house. (2) When the construction is infill construction and the predominate materials used in the neighborhood are those other than masonry. (3) When a new subdivision is proposed which uses an architectural style other than masonry and which will provide similar or better long-term durability and maintenance quality as masonry construction. Page 34 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DR4FT-FOR REVIEW ONLY ! Zoning Ordinance .. ass., <b � a � � "c:: I ; - b. Desirable Design Attributes None 2. Exterior Facades - Front Entry Cover in Suburban and Country Districts a. Base Standard The front entry of any single family residential unit, which is the entry facing the street on which the unit is located, shall have a covered front entry of a minimum of 20 square feet floor area, with a minimum roof covering of 2'h feet. b. Desirable Design Attributes: A covered front porch with a minimum floor area of 40 square feet[20 points] 3. Exterior Facades - Chimneys a. Base Standard Metal chimney flues for fireplace chimneys are to be within a chimney enclosure matching the architectural style and materials of the house. The enclosure may be siding, stucco or other material, but it must match similar materials that are used on the exterior façade of the house. b. Desirable Design Attributes: Fireplace chimneys will be brick, matching the exterior brick façade of the house. [5 points] June 30,2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 35 11. Zoning Ordinance DRAFT—FOR REVIEW ONLY 4. Roofs and Roofing- Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 6:12. 12:11/\/Ai \ , s:t2 /,// 5,z ,5%1 \ -.,N \ 77,,:_____ , z b. Desirable Design Attributes: (1) Provide a 8:12 or greater roof pitch. [5 points] (2) Provide a roof design with dormers, or a combination of hip and gable roofing. [10 points] 5. Roofing Materials a. Base Standard All single family residential units shall have a minimum roofing materials of 20 year warranty, Type I, Class A asphalt shingles, with 5 inch exposure. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. Desirable Design Attributes Provide heavyweight, designer or architectural dimension grade, 3-tab asphalt shingles, concrete or clay roofing tiles, standing seam metal roofing, or slate roofing shingles. [5 points] ' .s,,, ' ' ,/, "2' ,mow. VL,� Dam. Page 36 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30, 2000 DRAFT—FOR REVIEW ONLY ... '' Zoning Ordinance 6. Repetition of Residential Unit Designs - Units with Same Floor Plan and Same Street Elevation a. Base Standard A minimum of 7 platted residential lots must be skipped on the same side or the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical)floor plan and an identical (or nearly identical) street elevation design. INo 7 I ` 5 I 4 1 I 3 ( 1 I we I 1 I 1 I 1 I 4 I i ( 4 7 i ---1-- 1 '- --1-- I --_.._ J( 7 I ` I ` I 4 I , I 2 I I I n i t I Z I ; I 4 ! 6 I ` ' - I `" b. Desirable Design Attributes (1) A minimum of 9 platted residential lots skipped on the same side or the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) floor plan and an identical (or nearly identical) street elevation design. [10 points] ... — r_. �.— _ T_ i._. Wo , 4 I t I 7 I 4 l 5 ! 4 I 3 I L ( I i N• f I : I 1 4 1 S 1 G 7 $ 1 9 i 6 ]at: m a i 7 I C i s 1 4 I 3 z 1 1 I 1 , I : j 1 4 I s I a I 7 i a , e40j I j I GK! i I :._ L.-.L._...... (2) No single family residential unit with an identical (or nearly identical) floor plan and an identical(or nearly identical) street elevation design located within 1,200 feet of each other in any direction. [20 points] June 30,2000 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS Page 37 Zoning Ordinance DRAFT-FOR REVIEW ONLY 7. Repetition of Residential Unit Designs - Units with Same Floor Plan and Different Street Elevation a. Base Standard A minimum of 7 platted residential lots must be skipped on the same side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) floor plan and a different street elevation design, and a minimum of 4 platted residential lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) floor plan and a different street elevation design. oK . No I w. N. 0 1 4 I *J I 2 ( 1 No No He lye No M. F!. i N• I Ne - I __ I 1 1 i .__ I __ I c i 4 1 3 2 j 1 salt Z I ' 4 1 ; c 1 ' . Ct .� _ . L _ , . SKI . b. Desirable Design Attributes (1) A minimum of 9 platted residential lots skipped on the same side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) floor plan and a different street elevation design; and a minimum of 6 platted residential lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) floor plan and a different street elevation design. [10 points] oK. i �.. �.. I f----- rt_..T... I ., t . ^�_.._ I I I G I ss 14 I 3 1 2 ' I %0 I *4. N. I n. I w *el N. I wo __ _i t_- I - --1 _ _l.—!- ► ---�— 1- 1- r- 1 —T--- T—_-I— --� — r —y--—r---T--- --r-- No Too N• I sa I N. I M. j N. E3 I l ( 2 I 3 I 4 I 6 I 4 I 7 I t I i E5 GI( 1 I I I I OK (2) No single family residential unit with an identical (or nearly identical) floor plan and a different street elevation design located within 1,200 feet of each other in any direction. [20 points] Page 38 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY --• Zoning Ordinance 8. Garage Doors at Street Elevation in Suburban and Country Districts a. Base Standard Garage doors located on the street elevation of a single family residential unit shall have the framing and doorway offset from the remainder of the street elevation façade of the unit, and shall not constitute more than 50 percent of the street elevation façade of the unit. b. Desirable Design Attributes (1) Garage doors recessed from the main front façade of the house, rather than protruding toward the street. [10 points] (2) Garage doors not located on the primary street elevation of a single family residential unit. [20 points] 10-250' -250' -I00' m r71j j e ALLEY z [7--- AM < IIbE 1 -17; 1 r -1 o63 1 og r -i- -11 6 - 7 ; 4 T -� ALi2-____ ___ jj _ J -1 J ► �_ PUBLIC RIGHT-CF-WAY PUBLIC RIGHT-O-WAY PUBLIC RIGHT-C-WAY June 30,2000 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS Page 39 Zoning Ordinance DRAFT—FOR REVIEW ONLY 9. Village Residential Single Family Detached Lots Less Than 10,000 Square Feet—Front Entry Cover a. Base Standard The front entry of any single family residential unit, which is the entry facing the street on which the unit is located, shall have a covered front porch of a minimum of 40 square feet floor area, with a minimum depth of 4 feet. b. Desirable Design Attributes (1) A porch railing included as part of the front porch design. [5 points] (2) A covered front porch of a minimum of 60 square feet floor area, with a minimum depth of 5 feet. [10 points] 10. Village Residential Single Family Detached Lots Less Than 10,000 Square Feet—Mail Box Locations a. Base Standard Mail boxes shall be paired, spaced a maximum of 6 inches apart at the lot line, and with a design and materials that relates to the architectural style and materials of the residential unit. b. Desirable Design Attributes Paired mail boxes with one style used throughout the development. [5 points] .......................... .......................... `-.xa.....c.0 0- h ! Page 40 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS June 30,2000 DRIFT—FOR REVIEW ONLY d Zoning Ordinance 11. Village Residential Single Family Detached Lots Less Than 10,000 Square Feet—Village Residential Garage Doors a. Base Standard Garage doors located on the street elevation of a single family residential unit shall have the framing and doorway offset from the remainder of the street elevation façade of the unit, and shall not constitute more than 50 percent of the street elevation façade of the unit. b. Desirable Design Attributes Garage doors not located on the primary street elevation of a single family residential unit. [20 points] 12. Village Residential Single Family Detached Lots Less Than 10,000 Square Feet—Roofs and Roofing Materials a. Base Standard All Village Residential single family residential units on lots less than 10,000 square feet shall have a minimum roof pitch of 8:12, architectural grade design and overlap pattern shingles, and painted plumbing vents, attic vents, and other rooftop accessories to match the roof shingle color. b. Desirable Design Attributes Provide a roof design with dormers, or a combination of hip and gable roofing. [10 points] June 30,2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 41 DRAFT—FOR REVIEW ONLY Zoning Ordinance ARTICLE 5 RESIDENTIAL USE REGULATIONS SECTION 5.1 RESIDENTIAL LAND USE CHARTS Buildings, structures and land shall be used only in accordance with the uses permitted in the following Land Use Tables, subject to all other applicable requirements of this ordinance. TABLE 5-1 INTERPRETATION OF LAND USE CHARTS S Ynboi l Ieanin= The use is permitted as a principal use in that zoning district by right. Additional requirements for this use may be required and are listed in Section 5.2 Listed Uses, Additional Provisions. "P*" The use is permitted, however special provisions are required when located in this district. These provisions are listed in Section 5.2 Listed Uses, Additional Provisions. The use is permitted in that zoning district only after first obtaining a Special Use Permit(SUP) as set forth in 5.4 Specific Use Permits. The use is permitted in that zoning district only after first obtaining a Temporary Use Permit(TUP) as set forth in Section 5.5 Temporary Uses. A blank square means that the use is not allowed in that zoning district as a Irinci.al use. June 30, 2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 1 11 Zoning Ordinance DRAFT—FOR REVIEW ONLY TABLE 5-2 LAND USE TABLES Country Resid S bur esidential Yltia t i er ! A.'1 ."lair.&, Nll .- 1111141111100. 0111140. 1 11111a04111110. F1011404111111115i0111140111 11111111 RELAX 1. Animal Boarding Kennel S S with Outside Pens 2. Animal Boarding/Kennel S S without Outside Pens 3. Animal Production P 4. Commercial Greenhouse p* or Nursery 5. Crop Production p P 6. Stable(Commercial) S Ustipunam Country Reaid Suburban Residential It ilax a Residential RESIDE Al AG SF 2A SF- SF SF-11t1 SF4 5 TH MF MH. LING. 1. Assisted Living Apartment P 2. Bed&Breakfast Inn S S S S P 3. Boarding or Rooming p House 4. Manufactured Home P P P P P P P P P 5. Manufactured Home Park P 6. Multiple Dwelling P 7. Single Family Dwelling, P P Attached 8. Single Family Dwelling, p P P P P P P P Detached 9. Two-family Dwelling P P P=Permitted P*=Permitted with additional requirements when located in this district. S=Specific Use Permit T=Temporary Use Permit Page 2 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30,2000 Land Use Charts DRAFT-FOR REVIEW ONLY .• ... Zoning Ordinance Phil n-ED Us ii... Gauntry Res#d S.uburban Residential Village Residential r`..INS#'I 'UT NAL &t SF 2 r SF40 S>w 20 F 40 S 4 5 1'h1 MF MH cO1Y M1 11 rSERVIC • 1. Cemetery or Mausoleum S S S S S S S S 2. Church/House of Worship P P P P P P P P P 3. College or University S S S 4. Day Care Facility S S S S S S S P S 5. Group Home P P P P P P P P P 6. Nursing,Convalescent P* Home or Hospice 7. School(Public or Private) P P P P P P P P P Elementary 8. School(Public or Private) p P P P P P P P P Secondary �SR TutTS#'tittle Country Redd Suburban;Residential VillageReasi tent�?al D.RECRI TIONAL, AC SF 4A SF,m SF 20 SF 1p SF45 TH lily Mi1ti ENTERTAINMENT : MUSEMENT 1. Community Park, P P P P P P P P P Recreation Center,or Golf Course(Public) 2. Country Club or Golf P P P P P P P P P Course(Private) 3. Golf Driving Range S S S S S S S S 4. Health Club p* p* 5. Neighborhood Park or P P P P P P P P P Playground P=Permitted P*=Permitted with additional requirements when located in this district. S=Specific Use Permit T=Temporary Use Permit ARTICLE 5-RESIDENTIAL USE REGULATIONS June 30, 2000 Page 3 Land Use Charts ... . : Zoning Ordinance DRAFT-FOR REVIEW ONLY ptN'D`tl" uttEs, Gourttry<Resld SuburbanResIderrtlat Villag+l R,eslttentlal E lllr 7`AIL,P1ii 11E AG S 2Al t i fit} lilli. 0 S1`40 S T 1> 1H 1. Animal Clinic or Hospital S Count ResttL, Suburban Residential Vida Residential • AG 6F-2A' SF S 20 St"btf S 'H M MH,. TRANSPORTATION: : Pi,1.BLuc SERVICl 1. Local Utilities P p P P P p p P P 2. Mounted Antenna p P P P P P P P 3. Police or Fire Station P P P P P P P P 4. Post Office S S S S S S P 5. Radio,Television or S Microwave Tower 6. Telecommunications S S S S S S S S S Tower 7. Transit Passenger Shelter P P P P P P P P P 8. Utility or Government S P P Installation other than listed PERMITTED Usss Country Redd. L Suburban Residential Village Residential G.Irli t iAL& A SF SF40 SIF40 ":SF 4t3 SF45 T i 1 MH MANUFACTURING 1. Mining S P=Permitted P*=Permitted with additional requirements when located in this district. S=Specific Use Permit T=Temporary Use Permit Page 4 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30,2000 Land Use Charts r:i DRAFT—FOR REVIEW ONLY ... •':-: Zoning Ordinance 1�'giikiT,E�D .SES counfryResid Suburban.Reside tial YtdiageResidentiai Ao i ►l r USA r71G 'SF A S#4# S # F t(? CFI 1H 1bffP MtI r V 1. Accessory Agricultural P S Buildings 2. Accessory Community P P P P P P P P P Center(Private) 3. Accessory Game Court P P P P P P P P P (Private) 4. Amateur Communication P P S S S S S P P Tower 5. Caretakers Quarters/Domestic or S P P Security Unit 6. Home Occupation P P P P P P P P P 7. Occasional Sale/Garage P P p p p p p P P Sale 8. Private Stable P P 9. Swimming Pool(Private) P P P P P P P P P momiliiiii,,,,,,,,,,,,,,,,,,,,:miithel.:,],:]:,],o,N,,1:: Country Resia! S iburbar Residential +iVilla-ee Raskientlai W is Tl 1r l li`i USES llG Sf*' Sr- i3 SF 20 Sr 1ti SF E I g 't Mt" kiiH! 1. Christmas Tree Sales T 2. Seasonal Sales Stand T 3. Temporary Concrete or T T T T T T T T T Asphalt Batch Plant 4. Temporary Grazing T T 5. Temporary Living Quarters T T P=Permitted P*=Permitted with additional requirements when located in this district. S=Specific Use Permit T=Temporary Use Permit ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30,2000 Page 5 Land Use Charts Zoning Ordinance DRAFT-FOR REVIEW ONLY SECTION 5.2 LISTED USES A. Rural &Animal-Related Uses 1. Animal Boarding/Kennel with Outside Pens a. Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets outside, or where grooming,breeding, boarding, training or selling of animals is conducted as a business. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space per 300 square feet of floor area. d. Required Loading: None e. Additional Provisions: None 2. Animal Boarding/Kennel without Outside Pens a. Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets, or where grooming,breeding, boarding,training or selling of animals is conducted as a business, and where all activities are conducted indoors. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space per 300 square feet of floor area. d. Required Loading: None e. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors, or other penetrations on exterior walls. (2) Areas designated for holding,boarding, or grooming of pets are limited to no more than 10 percent of the gross floor area. 3. Animal Production a. Definition: Animal production means an area used for the raising of animals and the development of animal products on a commercial basis. Typical uses include cattle and sheep ranching, dairy farming, fish farming, and the raising of poultry and swine. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: A minimum of 2 parking spaces shall be provided. Additional required parking shall be determined during site plan review based on: (1) the operating characteristics of the use (2) the anticipated number of employees; and (3) experience with other similar uses. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Site must be surrounded by agricultural or industrial zoning or a major arterial on all sides. (2) This use shall not be operated on an area less than 5 acres. Page 6 ARTICLE 5-RESIDENTIAL USE REGULATIONS June 30, 2000 DR4FT—FOR REVIEW ONLY Zoning Ordinance (3) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (4) The area used for the production of large animals, which includes but are not limited to pigs, cows, sheep, goats, and horses, shall not be located closer than 2,640 feet to any residential zoning district, and 1,320 feet to any commercial zoning district. (5) Structures may be erected for a private stable, pen,barn, shed or silo for raising, treating, and storing products raised on the premises. A dwelling unit is also permitted. 4. Commercial Greenhouse or Nursery a. Definition: Commercial greenhouse&nursery means a facility for the cultivation of plants within a protected environment on a commercial basis. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) One space for each 5,000 square feet of floor area with a minimum of 2 spaces required; and (2) One parking space for each 200 square feet of floor area devoted to retail sales. d. Required Loading: None e. Additional Provisions: AG District: Limited retail sales are permitted on-site subject to the following conditions: (1) Up to 100 percent of the total greenhouse floor area may be devoted to retail sales activities during an occasional greenhouse sale. No more than 4 occasional greenhouse sales may be conducted during any 12 month period. Each occasional greenhouse sale shall be limited in duration to no more than 3 consecutive calendar days. (2) Retail sales are permitted at all times as part of the commercial greenhouse and nursery use when the retail sales do not exceed 10 percent of the total greenhouse floor area. 5. Crop Production a. Definition: Crop production means an area used for the raising or harvesting of agricultural crops such as wheat, field forage, and other plant crops intended to provide food or fiber. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One parking space for each 200 square feet of floor area devoted to retail sales. d. Required Loading: None e. Additional Provisions: (1) Crop production shall require at least a 5 acre area. (2) Structures maybe erected for a private pen, barn, shed or silo of the treating and storing of products raised on the premises. 6. Stable(Commercial) a. Definition: Commercial stable means a facility for the business of boarding or renting horses to the public. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each horse stall within the stable. Additional parking may be required for parking of horse trailers if: June 30, 2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 7 Zoning Ordinance DRAFT—FOR REVIEW ONLY (1) any events are planned or conducted on the property which will draw horses from other stables; or (2) other conditions are specifically identified that require parking of horse trailers on the property. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Commercial stables shall require at least a 5 acre area and shall comply with State requirements. (2) A commercial stable shall have sufficient drainage and other facilities so as not to create offensive odors, insect or rodent breeding, or other nuisances. (3) A pen, corral, or similar enclosure shall have a minimum front setback of 50 feet and a minimum side setback of 30 feet from the property line. In addition, they may not be located any closer than 100 feet to the dwelling on the premises or 100 feet to any property line. This provision does not apply to perimeter fences which may be located along the property line. B. Residential & Lodging Uses 1. Assisted Living Apartment a. Definition: An apartment or apartment complex that provides personal care services to senior citizens for daily living needs. Such services may include,but are not limited to, preparation and service of meals, housekeeping, laundry, monitoring of rooms, monitoring of medication, or assistance with bathing. The term does not include a Nursing, Convalescent Home or Hospice. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Seven tenths of a space for ach dwelling unit or suite, plus one space for each 300 square feet of floor area not in a dwelling unit or suite.One-half of a space per bedroom and 1 space per employee for the largest shift plus 1 for every 5 dwelling units for use as guest parking. Resident parking spaces shall be a minimum of 10 feet wide. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Retirement housing may contain suites for the use of residents. Suites are defined as one or more rooms designed to accommodate one family containing living, sanitary and sleeping facilities, but not containing a kitchen. (2) Except as otherwise provided in (3) and(4), below, each occupied dwelling unit or suite shall have at least one resident that is 55 years of age or older. Failure to comply with this provision shall result in the facility being reclassified as another residential or lodging use. (3) One dwelling unit or suite may be designated as a caretakers unit whose occupants are not subject to the age restriction in (2), above. (4) Those persons legally residing with an elderly resident at the facility may continue to reside at the facility for a period not to exceed one year if the elderly person dies or moves out for medical reasons. (5) The facility shall have access to a collector or larger street. Page 8 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30, 2000 DRAFT—FOR REVIEW ONLY Zoning Ordinance 2. Bed & Breakfast Inn a. Definition: A house, or portion of a house, where short term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each guest room. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) The number of guest rooms is limited to 6. (2) Cooking facilities for guest rooms are not permitted. (3) Individual guest occupancy is limited to no more than one month in any 3 month period. 3. Boarding or Rooming House a. Definition: Boarding or rooming houses means a facility that has 5 or less guest rooms that are rented separately to occupants. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each f;lceping guest room. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0- 10,000 0 10,001 -50,000 1 Each additional 100,000 1 additional or fraction thereof e. Additional Provisions: All permitted districts: (1) This use may serve meals to the occupants. (2) This use may not have kitchens in the guest rooms. 4. Manufactured Home a. Definition: Manufactured Home is a factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Housing Construction and Safety Standards Act of 1974, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces for each unit. d. Required Loading: None e. Additional Provisions: June 30, 2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 9 ••µ.. Zoning Ordinance DRAFT—FOR REVIEW ONLY All permitted districts: (1) Housing units shall be finished in a manner entirely consistent with site-built single- family homes and shall be placed on a concrete foundation so as to be virtually indistinguishable from other homes in the area. 5. Manufactured Home Park a. Definition: Manufactured home park means a unified residential development of manufactured homes on transient stands arranged on a lot under a single ownership. Manufactured homes are factory assembled structures without permanent foundations and designed to be transported on its own wheels, arriving at the site as a complete dwelling unit. Removal of the wheels and placement on a foundation does not change its classification. The term manufactured home includes half units that are transported to the site on their own wheels and assembled. It does not include travel trailers, campers, camper buses, motor homes, or modular houses. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Three Two spaces for each mobile home plus additional spaces as required for accessory uses. d. Required Loading: None e. Additional Provisions: (1) Incidental Uses.Uses that are customarily incidental to the manufactured home park, including employee washrooms, manager's office, laundry rooms, swimming pools, and game courts, are permitted provided they are located at least 50 feet from a single family attached or single family detached zoning district. The game courts, laundry rooms, and swimming pool shall be for the exclusive use of the residents and their guests. No exterior advertising of these uses is permitted. (2) Accessory Structures. (a) The manufactured home park use includes accessory structures such as personal storage buildings, awnings,cabanas,and porches which are erected on the same transient stand as a manufactured home. (b) Accessory structures located on the same transient stand as a manufactured home are subject to the same setback regulations as the manufactured home itself,except for required storage buildings which may be set within 3 feet of the rear or side line of the transient stand. Storage buildings located according to this exception must: i. be separate from the manufactured home; ii. be separate from all other accessory structures; and iii.be located to the rear of the manufactured home. (3) Pad Site.The pad site for the manufactured home shall be improved to provide adequate support for the placement of the manufactured home, thereby securing the superstructure against uplift, sliding, rotation and overturning due to frost action, inadequate drainage, vibration or other forces acting on the structure. (4) Transient Stand Requirements.Each transient stand within a manufactured home park shall have the following: (a) a separate personal storage facility, (b) a utility riser for each utility provided or required by the nits located within the park, (c) a hose bib capable of accommodating a standard garden hose Page 10 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30, 2000 DR4FT—FOR REVIEW ONLY .•• Zoning Ordinance (5) Park Requirements.Each manufactured home park shall provide the following: (a) A park management and operations facility shall be located in a permanent building. (b) A clubhouse containing at least 2,500 square feet of floor area or, 10 square feet of floor area for each transient space in the manufactured home park, which ever is greater.The club house shall be located in a permanent building. (c) A standard depth swimming pool containing at least 800 square feet of surface area, or 3 square feet of surface area for each transient stand within the manufactured home park,whichever is greater. (d) A recreation vehicle and utility vehicle storage area with a minimum of 100 square feet of area for each transient stand within the manufactured home park, screened from adjacent public right-of-way. Recreation vehicles and utility vehicles shall not be stored on transient stands within a manufactured home park. (6) Signs.The following signs shall be provided in a manufactured home park" (a) An identification sign in accordance with the sign provisions of this ordinance, located at each entrance to the park.The sign shall include the name of the park and its address. (b) Each manufactured home transient stand shall be numbered uniformly with numbers not exceeding 4 inches in height.This sign shall be located so that it is visible from the street or drive at all times. (7) Community Television Antenna.All manufactured homes shall have buried television antenna service from one central television antenna, and no individual outside television antennas will be allowed. (8) HUD Approved.All manufactured homes to be HUD approved. All manufactured homes installed in manufactured home parks shall be HUD approved and bear the required decal. (9) Access and Traffic Circulation. All manufactured home parks shall provide access and means of motor vehicle and pedestrian traffic circulation as follows: (a) Access.Motor vehicle entrances and exits shall be designed for safe and convenient traffic movement from adjacent public streets and onto internal streets and shall be limited to one entrance. (b) Internal streets.Internal streets shall be privately owned,built and maintained, and shall be designed for safe and convenient access to all spaces and to facilities for common use of park residents.All streets shall have concrete curbs and guttering set to city standards. i. On all internal streets,roads or driveways designed or intended to provide access to twe2 or more spaces,there shall be 27 feet of pavement width with no on-street parking,unobstructed for vehicular access at all times. ii. If streets,roads or driveways are designed or intended to be used also for vehicular parking, a parallel parking space shall require a minimum width of 16 feet by 10 feet of street specification concrete, and no such parking space shall occupy or encroach upon the minimum unobstructed access areas. iii.Dead-end streets shall be limited in length to 1,000 feet and shall be provided at the closed end with a turnaround having a radius of not less than 38 feet. (c) Outside Entry Roads.Outside roads to the development shall be assessed on a pro rata basis using spaces as a criteria as dictated by the city council pertaining to June 30, 2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 11 Zoning Ordinance DRAFT—FOR REVIEW ONLY development expense, if there is a usable road that complies with city specifications. If no road exists, it becomes the sole expense of the developer to provide one. (d) Perimeter Streets.Requirements for perimeter streets, as outlined in the Subdivision Ordinance, as amended, shall apply to manufactured home parks. (10) Utilities: (a) All Manufactured Home Parks must be connected to the public water and sewer system. (b) All Manufactured Home Parks shall comply with City requirements for water, sewer, electrical, gas, and all other utilities. 6. Multiple Dwelling a. Definition: Multiple dwellings means 3 or more dwellings located on a single lot. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: 1 per efficiency dwelling unit(no separate bedroom); 1 per 1 bedroom dwelling unit; 2 per 2 bedroom dwelling unit; 2 per 3 bedroom dwelling unit; 2 plus .5 per each bedroom for dwelling units larger than 3 bedrooms; plus 1 per 10 dwelling units guest parking Two and one half spaces per unit. d. Required Loading: None e. Additional Provisions: All permitted districts: (1). All multifamily units shall provide laundry facilities consisting of 2 washers and 4 dryers per 20 dwelling units or hook-ups in each dwelling unit. (2) Projects of 10 or more 2-bedroom units shall provide central playground(s) equivalent to 15 square feet per 2 bedroom dwelling unit. (3) For projects of 30 or more units the following shall be provided: (a) A lighted building directory in a public area. (b) Lidded dumpsters. (c) On-site management. (d) Covered mail boxes located in a central area which is lighted and has seating available. (e) Laundry rooms shall have secured access. (f) Common areas shall be visible from windows. (4-4) Uses that are customarily incidental to the multiple dwelling use, including employee washrooms, manager's office, laundry rooms, swimming pools, and game courts, are permitted provided they are located at least 50 feet from a single family attached or single family detached zoning district. (25) The game courts, laundry rooms, and swimming pool shall be for the exclusive use of the residents and their guests. No exterior advertising of these uses is permitted. 7. Single Family Dwelling,Attached a. Definition: A dwelling unit attached to one or more other dwelling units where each dwelling unit is located on a separate lot. Attached single family dwelling units may include duplexes, townhouses, four-plexes, etc. b. Permitted Districts: See Land Use Charts in Section 5.1. Page 12 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY Zoning Ordinance c. Required Parking: Two spaces per dwelling and an additional one-#a€1/2 space per unit for guest parking within the development. d. Required Loading: None e. Additional Provisions: None 8. Single Family Dwelling,Detached a. Definition: Single family dwellings means one dwelling unit located on a lot. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces per dwelling. d. Required Loading: None e. Additional Provisions: None 9. Two-family Dwelling a. Definition: Two family dwellings means 2 dwelling units on a single lot. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space per each dwelling unit. d. Required Loading: None e. Additional Provisions: None C. Institutional & Community Service Uses 1. Cemetery or Mausoleum a. Definition: Cemeteries &mausoleum means: (1) A cemetery is a place designated for burial of the dead. (2) A mausoleum is a building with places for the entombment of the dead. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each 4 fixed seats or one space for each 100 square feet of non-fixed seating area in gathering room, whichever is greater. Minimum of 2 spaces required. d. Required Loading: None e. Additional Provisions: None 2. Church/House of Worship a. Definition: Church means a facility used for people to gather together for public worship, religious education, or other religious activities. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 4 seats in the main auditorium. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) The following structures, when located on top of a church building, are excluded from the height measurements of the church building: (a) belfries,bell towers,campaniles, or carillons; (b) crosses; June 30, 2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 13 .TE Zoning Ordinance DRAFT—FOR REVIEW ONLY (c) cupolas, spires, or steeples; or (d) similar architectural appurtenances used as religious symbols. (2) A rectory, convent, or monastery is permitted as an accessory use. These accessory uses may be located on a separate lot and are not subject to the area limitations in Article 3 Residential District Regulations. 3. College or University a. Definition: b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three students5 classroom seats plus one space for every 3 seats in an auditorium.. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0— 10,000 0 10,001 —50,000 1 Each additional 100,000 1 additional or fraction thereof e. Additional Provisions: None 4. Day Care Facility a. Definition: Day care facility means a facility that provides care, training, education, custody, treatment, or supervision for 7 or more persons who are unable to care for themselves and who are not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers. This use does not include: (1) a facility that is accessory to a use, such as a shopping center, business, religious institution or other establishment, where children or adults are cared for during short periods of time while parents or persons responsible for them are engaging in activities related to the primary use; or (2) a facility that operates solely for educational instruction to children in grades kindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One and ene-liftif1/2 spaces per teacher. d. Required Loading: One loading space for every 10 students or children shall be provided off-street. e. Additional Provisions: All permitted districts: (1) No overnight accommodations shall be provided. (2) State license required. Page 14 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30,2000 DR4FT-FOR REVIEW ONLY Zoning Ordinance 5. Group Home a. Definition: A facility providing food and shelter, personal guidance, care, rehabilitation services, or supervision for not more than 6 disabled persons, regardless of their legal relationship to one another, and 2 supervisory personnel. A group home is a community- based residential home operated by the Texas Department of Mental Health and Mental Retardation Act, which provides services to disabled persons, or a nonprofit entity certified by the Texas Department of Human Resources as a provider under the intermediate care facilities for the mentally retardation program. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Four spaces. d. Required Loading: None e. Additional Provisions: (1) State license required. (2) No group home shall be established within 750 feet of another group home. 6. Nursing, Convalescent Home or Hospice a. Definition: Nursing, convalescent homes or hospices means an establishment, in single or multiple facilities, which provides food, shelter, and care to 5 or more persons who are not related by blood, marriage, or adoption to the owner or operator of the establishment and, in addition, provides minor medical treatment under the direction and supervision of a physician. This use does not include: (1) a hotel or similar place that furnishes only food and lodging , or either, to its guests; or (2) a hospital. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 4 beds. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0- 10,000 0 10,001 —50,000 1 Each additional 100,000 1 additional or fraction thereof e. Additional Provisions: MF District: (1) The minimum parcel size required shall be 10,000 square feet. (2) The maximum number of beds per acre shall be 50. (3) Facility shall be located on a collector street or larger. June 30,2000 ARTICLE 5-RESIDENTIAL USE REGULATIONS Page 15 .:. Zoning Ordinance DRAFT—FOR REVIEW ONLY 7. School ,Public or Private,Elementary a. Definition: Schools, public or private, means an educational institution that has a curriculum for kindergarten and/or elementary education., secondary education, or post secondary education. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: and one space for each classroom.One space for each staff member at capacity plus one space for every 2 classrooms. d. Required Loading: Square Feet of floor Required Loading Spaces Area 0- 10,000 0 10,001 -50,000 1 Each additional 100,000 1 additional or fraction thereof e. Additional Provisions: All permitted districts: Pick-up and drop-off areas which will accommodate 6 school buses shall be provided on-site. 8. School ,Public or Private,Secondary a. Definition: b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) Junior High Schools. One space for each staff member at capacity plus one space for every 2 classrooms. one space for each classroom. (2) High Schools.One space for each every staff member plus one space for every 4 twee students at capacity.. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0- 10,000 0 10,001 -50,000 1 Each additional 100,000 1 additional or fraction thereof Page 16 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30, 2000 DR4FT—FOR REVIEW ONLY Zoning Ordinance e. Additional Provisions: All permitted districts: (1) Secondary schools shall be located on a collector or larger street. (2) Pick-up and drop-off areas which will accommodate 8 school buses shall be provided on-site. D. Recreational,Entertainment& Amusement Uses 1. Community Park,Recreation Center,or Golf Course(Public) a. Definition: Community park, recreation center, or golf course means a large scale recreation facility or park owned or operated by a public agency and available to the general public, typically over 10 acres in size and equipped with active recreation facilities and equipment which draws patrons from the entire community. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: The number shall be determined during a site plan review process that considers: (a) The proposed mix of recreation uses and their operating characteristics; (b) Experience with similar recreation facilities; and (c) The following general standards when applicable: i. One space for every 150 square feet of floor area ii. 3 spaces for every game court; iii.One space for every additional 150 square feet of floor area; iv.70 spaces for every playing field used for league play; and v. 5 spaces for every golf course green. d. Required Loading: None e. Additional Provisions: None 2. Country Club or Golf Course(Private) a. Definition: Country Club or Golf Course with private membership means a private recreational club containing a golf course and a club house that is available only to the country club membership and their guests. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 150 square feet of floor area or for every 5 members, whichever is greater. Golf courses require one space for every 2 employees on the largest shift plus 3 spaces for every golf holeMinimum of thirty spaces required for a golf course. d. Required Loading: None e. Additional Provisions: None 3. Golf Driving Range a. Definition: Golf Driving Range is an area used for hitting golf balls. A driving range may include an indoor management office. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Three spaces, plus one space for every tee. June 30,2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 17 Zoning Ordinance DRAFT—FOR REVIEW ONLY d. Required Loading: None e. Additional Provisions: None 4. Health Club a. Definition: An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0- 10,000 0 10,001 -50,000 1 Each additional 100,000 1 additional or fraction thereof e. Additional Provisions: MF and MH District: (1) Health club shall be integrated into the residential development and shall be open to residents only. 5. Neighborhood Park or Playground a. Definition: Neighborhood park or playground means a recreation facility or park owned or operated by a public agency and available to the general public, typically under 10 acres in size and equipped with passive recreation facilities and limited equipment which draws patrons from the immediate neighborhood. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) None when the use: (a) is less than 1 acre in size; (b) is completely located within a residential neighborhood; (c) has no structural facilities beyond playground equipment; and (d)is not adjacent to a collector or larger street. (2) When parking is required, the number shall be determined during a site plan review process that considers: (a) The proposed mix of recreation uses and their operating characteristics; (b) Experience with similar recreation facilities; and (c) The following general standards when applicable: i. 3 spaces for every game court; ii. One space for every additional 150 square feet of floor area; and iii.70 spaces for every playing field used for league play. Page 18 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30, 2000 IIF 'Ail DR4FT—FOR REVIEW ONLY Zoning Ordinance d. Required Loading: None e. Additional Provisions: None E. Retail,Personal Service & Commercial Uses 1. Animal Clinic or Hospital a. Definition: Animal clinic means a facility for the diagnosis, treatment, and hospitalization of animals including,but not limited to dogs, cats, birds, and horses. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One for every 400 square feet of floor area. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0-2,999 0 3,000- 19,999 1 Over 20,000 1 additional for every 20,000 s uare feet e. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors, or other penetrations on exterior walls. (2) Areas designated for holding, boarding, or grooming of pets are limited to no more than 10 percent of the gross floor area. F. Utility,Transportation & Public Service Uses 1. Local Utilities a. Definition: Local utilities means electrical power,telephone, gas, water, and sewer drainage lines; air pollution monitoring stations and flood staging stations; and, unmanned, in-line facilities such as gas regulating stations, water wells, or pumping stations, telephone exchanges, switching, and transmitting equipment, including cellular telephone cell sites that are operated by the City or by a public service utility company. This use does not include any use otherwise listed in this Chapter. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: Above-ground storage tanks are not permitted under this use. June 30,2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 19 Zoning Ordinance DRAFT—FOR REVIEW ONLY 2. Mounted Antenna a. Definition: Mounted Antenna means an antenna that is attached to a permitted structure. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Antennas mounted on buildings. (a) Roof-mounted telecommunications antennas are allowed on non-residential buildings in all zoning districts,provided: i. a non-whip antenna does not exceed the height of the building by more than 10 feet and is screened from view from any adjacent public roadway, and ii. a whip antenna does not exceed the height of the building by more than 15 feet and is located no closer than 15 feet to the perimeter of the building. (b) Prior to installation of a roof-mounted antenna,the city shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof-mounted equipment. (c) Roof-mounted antennas and associated equipment may be screened with enclosures or facades having an appearance that blends with the building on which they are located or by locating them so that they are not visible from an adjacent public roadway. (2) Building-mounted telecommunications antennas of the non-whip type are allowed on nonresidential buildings in all zoning districts provided the antenna is mounted flush with the exterior of the building so that it projects no more than thirty inches from the surface of the building to which it is attached; and the antenna's appearance blends with the surrounding surface of the building. (3) Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and building materials or blends with the landscaping and other surroundings immediately adjacent to the separate building housing the equipment. Associated equipment for roof-mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway. (4) Other existing structures.Telecommunications antennas are allowed on existing utility, lighting, telecommunications towers and sign structures exceeding 50 feet in height, provided that the antenna does not exceed the height of the structure by more than 10 feet if a non-whip type or 15-feet if a whip type. Existing structures may be rebuilt if necessary to support the load of the new antenna if the rebuilt structure is substantially similar in appearance to the existing structure it replaces. (5) When an application for a building permit to locate a telecommunications antenna on an existing building or other structure is made, color photo simulation showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential property and from adjacent roadways shall be provided. The applicant shall also submit photographs of the same views showing the current appearance of the site without the proposed antenna. Page 20 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30, 2000 DRAFT—FOR REVIEW ONLY ••:. Zoning Ordinance (6) Telecommunications antennas shall not be constructed or used without all approvals and permits first having been secured. 3. Police or Fire Station a. Definition: Police or Fire station means a facility operated by a governmental entity as a police or fire station. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area for a police station; 5 spaces, plus one space for every bed in a fire station. d. Required Loading: None e. Additional Provisions: None 4. Post Office a. Definition: Post office means a government facility for the transmission, sorting, and local distribution of mail. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1000 square feet of floor area in the customer service areas; plus one space for every 500 square feet of floor area in the mail processing areas. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0—250,000 01 3,000 19,99950,001 — 4-2 100,000 Over 20,000Each 1 additional for every additional 100,000 or 20,000 square feet fraction thereof e. Additional Provisions: None 5. Radio,Television or Microwave Tower a. Definition: Radio, television or microwave tower means a structure supporting antennae that transmit or receive any portion of the electromagnetic spectrum. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions: None 6. Telecommunications Tower a. Definition: Telecommunications tower means a structure more than 10 feet tall,built primarily to support one or more telecommunications antennas. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. June 30,2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 21 Zoning Ordinance DR4FT—FOR REVIEW ONLY d. Required Loading: None e. Additional Provisions: All permitted districts: (1) A site plan is required for all telecommunications towers. Site plan review shall include the following provisions in (2)through (20), below. (2) Tower height, including antenna array, shall not exceed 120 feet. (3) Telecommunications towers shall be a minimum 200 feet or a 3 to 1 distance to height ratio, whichever is greater, from structures used for residential purposes. (4) New telecommunications towers must be a minimum distance of 5000 feet from another telecommunications tower. (5) All guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than 5 feet to any property line. (6) The base of the tower shall be enclosed by security fencing. (7) Equipment buildings shall be similar in color and character to the main or adjoining building or structure or blend with the landscaping and other surroundings immediately adjacent to it and be screened by a chain link or wrought iron fence with evergreen hedge, a blind fence, or a masonry wall. (8) The tower shall be erected and operated in compliance with current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards. (9) A telecommunications tower shall be: (a) Used by 3 or more wireless communications providers; or (b) Designed and built so as to be capable of use by 3 or more wireless communications providers, including providers such as cellular or PCS providers using antenna arrays of 9 to 11 antennas each within 15 vertical feet of each other with no more than 3 degrees of twist and sway at the top elevation.The owner of the tower and the property on which it is located must certify to the city that the antenna is available for use by another wireless telecommunications provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the zoning application. (10) All towers shall be of a tapering monopole construction, except that another type tower shall only be allowed upon a showing that it would cause less visual impact on surrounding property than a similar monopole structure. (11) No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. (12) Telecommunications towers shall be constructed to minimize potential safety hazards. Telecommunications towers shall be constructed so as to meet or exceed the most recent EIA-222 standards and prior to issuance of a building permit the building official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards. Guyed towers shall be located in such a manner that if the Page 22 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY ` Zoning Ordinance structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunications towers. (13) Telecommunications towers and equipment buildings shall be located to minimize their number, height and obtrusiveness, to minimize visual impacts on the surrounding area, and in accordance with the following policies: (a) The height of towers and monopoles shall have the least visual impact and be no greater than required to achieve service area requirements and potential collocation, when visually appropriate. (b) The selected site for a new monopole and tower provides the least visual impact on residential areas and the public rights-of-way.Analyze the potential impacts from other vantage points in the area to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility. (c) Site telecommunication facilities to minimize being visually solitary or prominent when viewed from residential areas and the public rights-of-way.The facility should be obscured by vegetation,tree cover,topographic features, and buildings or other structures to the maximum extent feasible. (d) Place telecommunication facilities to ensure that historically significant landscapes are protected.The views of and vistas from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunication facilities. (e) A variance may be granted to these policies for a telecommunications tower when it is determined that such a variance better accomplishes the polices set out in this subsection than would a strict application of the requirement. Such variance shall be no greater than necessary to accomplish those policies. (14) No signals or lights or illumination shall be permitted on a monopole unless required by the Federal Communications Commission, the Federal Aviation Administration, or the city. (15) If any additions, changes, or modifications are to be made to the monopole, the director shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code, as amended. (16) Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last telecommunication service provider to use a tower shall notify the director within 30 days that use of a tower has been discontinued. (17) In order to assist the staff, the commission and the council in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways. (18) The tower shall comply with all ordinances of the city. (19) In addition to the usual application fee for a site plan review, the applicant shall reimburse the city for the actual cost to the city for the services of an engineer should one be required to review the application and provide engineering expertise,up to a maximum of$5,000.00. (20)Telecommunications antennas shall not be constructed or used without all approvals and permits first having been secured. June 30,2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 23 Zoning Ordinance DRIFT—FOR REVIEW ONLY 7. Transit Passenger Shelter a. Definition: Transit passenger shelter means a structure which affords protection from the weather to persons who are waiting to board a publicly owned or franchised transit vehicle. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: None 8. Utility or Government Installation other than listed a. Definition: Utility or government installation other than listed means (1) A "utility other than listed" is a public or private facility franchised or operated by the City as a utility, and which is not specifically covered by the use regulations in this chapter. (2) A "government installation other than listed" is an installation owned or leased by a government or quasi-public agency and which is not specifically covered by the use regulations in this chapter. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: As determined at the time of site plan review based on the standard for the use that is most equivalent to the proposed use in terms of function and operation. d. Required Loading: As determined at the time of site plan review based on the standard for the use that is most equivalent to the proposed use in terms of function and operation. e. Additional Provisions: None G. Industrial & Manufacturing Uses 1. Mining a. Definition: Mining means the extraction, removal, or stockpiling of earth materials, including soil, sand, gravel, or other materials found in the earth. The excavation of earth materials for ponds or lakes, including excavations for fish farming ponds and recreational lakes are considered mining unless otherwise expressly authorized by another provision of this ordinance. The following are not considered mining: (1) Excavation, removal, or stockpiling of earth materials incidental to construction approved by a final plat, building permit, or for governmental or utility construction projects. (2) The excavation, removal, or stockpiling of earth materials incidental to construction of landscaping,retaining walls, fences, and similar activities consistent with the land use allowed at the site of removal and approved through the development permit review process. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Parking shall be determined during the Specific Use Permit review, based on: (1) the operating characteristics of the use (2) the anticipated number of employees; and (3) experience with other similar uses. d. Required Loading: None Page 24 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30, 2000 DRAFT—FOR REVIEW ONLY Zoning Ordinance e. Additional Provisions: (1) A master plan and site plan, operation plans, and a restoration plan shall be provided with the Specific Use Permit application. (2) A Specific Use Permit shall not be granted unless required state review and approval has been obtained. H. Accessory Uses 1. Accessory Agricultural Buildings a. Definition: Accessory agricultural buildings means buildings used for agricultural purposes, including farming, dairying, horticulture, floriculture, animal and poultry husbandry. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: AG District: (1) Accessory agricultural buildings used for raising animals shall only be permitted on sites of 5 acres or more. (2) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (3) The area used for the production of large animals, including but not limited to pigs, cows, sheep, goats, and horses, shall be located at least 2,640 feet away from any residential zoning district, 1,320 feet from any commercial zoning district. 2. Accessory Community Center(Private) a. Definition: Accessory community center(private) means an integral part of a residential project that is under the management and unified control of the operators of the project or development, and that is used by the residents of the project or development for a place of meeting, recreation, or social activity. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) None required,unless the use: (a) is located on a separate lot from the main use; (b) is located a distance greater than 500 feet from at least 20 percent of the dwelling units served by the facility; and (c) required off-street parking to reduce impacts on adjacent property and public streets. (2) In the event off-street parking is required, the number of off-street parking spaces required shall be determined by the Planning and Zoning Commission based on: (a) industry standards for the use or similar uses; (b) experience with the use or similar uses; or (c) the proposed operating characteristics of the use. d. Required Loading: None e. Additional Provisions: All permitted districts: June 30,2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 25 • Zoning Ordinance DR4FT—FOR REVIEW ONLY (1) A private community center shall not be operated as a place of public meeting or as a business. (2) This accessory use is not required to be located on the same lot as the main use. 3. Accessory Game Court(Private) a. Definition: Accessory game court(private) means a game court for engaging in tennis, handball,racquetball, or similar physical activities for the use of residents and their guests of a residential main use. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) None required,unless the use: (a) is located on a separate lot from the main use; (b) is located a distance greater than 500 feet from at least 20 percent of the dwelling units served by the facility; and (c) requires off-street parking to reduce impacts on adjacent property and public streets. (2) In the event off-street parking is required, the number of off-street parking spaces required shall be determined by the Planning and Zoning Commission based on: (a) industry standards for the use or similar uses; (b) experience with the use or similar uses; or (c) the proposed operating characteristics of the use. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) This accessory use may occupy up to 50 percent of the area of the lot containing the main use. (2) This accessory use is not required to be located on the same lot as the main use. 4. Amateur Communication Tower a. Definition: Amateur communications tower means a tower with an antenna that transmits amateur radio, citizens band, or both spectrums, or that receives any portion of a radio spectrum. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Only one amateur communication tower per site permitted. No more than 2 antennae may be mounted on an amateur communications tower. The antennae volume may not exceed 900 cubic feet for a single antenna and 1400 cubic feet for 2 antennae. In this provision, antenna volume is the space within an imaginary rectangular prism that contains all extremities of the antenna. (2) No portion of the amateur communications tower or its antennae may encroach into the required front, side or rear yard, except a guy wire and anchor point may project a maximum of 3 feet into the required side or rear yard if the guy wire and anchor point is Page 26 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30,2000 II! • DRAFT—FOR REVIEW ONLY >?. 'i" Zoning Ordinance attached to the top of a structural support that is not less than 6 feet in height. In this provision, a structural support for an anchor point is any pole, post, strut, or other fixture or framework necessary to hold and secure an anchor point. (3) The tower may not exceed 75 feet in height. (4) The tower shall be set back an additional 12 inches from the required front, side and rear yards for each additional 12 inches of height above the maximum height permitted in the district. 5. Caretakers Quarters/Domestic or Security Unit a. Definition: Caretakers Quarters/Domestic or Security Unit means an independent, self- contained dwelling unit located on the same lot as the principal use or structure and which provides residential accommodations for a property manager or security personnel. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions: NA 6. Home Occupation a. Definition: Home occupation means an occupation that is incidental to the primary use of the premises as a residence and conducted on the residential premises by a resident of the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: (1) On-premise advertisements, signs or displays are prohibited. (2) The appearance of the structure shall not be altered, nor shall the occupation within the dwellings be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction,lighting, or by signs, or the emission of sounds, noises, dust, odors, fumes, smoke, or vibrations. (3) All employees shall be members of the resident family and shall reside on the premises. (4) There shall be no sale of merchandise which requires customers to go to the property. (5) Pedestrian and vehicular traffic will be limited to that normally associated with residential districts. (6) There shall be no outdoor storage of materials or equipment; no storage of toxic or hazardous materials, including ammunition and gunpowder' nor shall merchandise be visible from outside the dwelling. (7) The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. (8) There shall be no use or storage of mechanical equipment not recognized as being part of normal household or hobby use. June 30,2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 27 Zoning Ordinance DR4FT—FOR REVIEW ONLY 7. Occasional Sale/Garage Sale a. Definition: Occasional sale(garage sale) means the temporary and occasional sale of tangible personal property at retail by a person who is not in the business of selling tangible personal property for retail purposes. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: (1) The sale of tangible personal property may only be sold by the owner or lessee of the premises where the sale is conducted. (2) The owner or lessee shall be responsible for the tangible personal property at the time of the sale. (3) A person shall not sell merchandise acquired solely for the purpose of resale at an occasional sale. (4) A person shall not conduct an occasional sale for a duration of more than 3 consecutive calendar days. (5) A person shall not conduct more than two-4 occasional sales on a premise during any 12 month period. (6) A person shall not place more than one sign, not to exceed 2 square feet,upon the lot where the sale is taking place. Any other signs remote from the property on which the sale is taking place shall be located in compliance with the Sign Ordinance, as amended. 8. Private Stable a. Definition: Private stable means an area for the keeping of horses for the private use of the property owner. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: (1) A private stable shall only be on a lot at least e2_acres in area. (2) One horse is permitted for every acre of land.The following number of horses are permitted based on lot size: (a) Two horses on lots at least one acre but less than two acres; and (b) A maximum of four horses on lots over two acres. (3) Private stables shall include a pen or corral containing at least 800 square feet for each animal with a stable under a roof containing at least 100 square feet for each animal. (4) A private stable shall have property drainage and other facilities so as not to create offensive odors, insect or rodent breeding, or other nuisances. (5) A pen, corral, fences, or similar enclosures shall have a minimum front setback of 50 feet and a minimum side and rear setback of 30 feet from the property line. In addition, they may not be located any closer than 100 feet to the dwelling on premises. Page 28 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY "": Zoning Ordinance 9. Swimming Pool (Private) a. Definition: Swimming pool (private) means a swimming pool constructed for the exclusive use of residents of a residential use. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Private swimming pools may not be operated as a business, except private swimming lessons my be given as a home occupation use. (2) Private swimming pools shall be surrounded by a fence constructed so as to prevent access by unauthorized people. (3) Private swimming pools shall not be located in the required front yard. I. Temporary Uses 1. Christmas Tree Sales a. Definition: Christmas tree sales means a temporary facility for the sale of Christmas trees and related seasonal decorations. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of the site, exclusive of parking. Off-street parking requirements for this use may be satisfied by using existing parking spaces for other uses located within 500 feet of the Christmas tree lot, or by providing temporary parking spaces that do not strictly comply with the city's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the director that temporary off-street parking spaces: (1) adequately accommodate the parking needs of the use; and (2) will not adversely affect surrounding uses. d. Required Loading: None e. Additional Provisions: (1) A temporary permit may be issued for a period of 60 days for this use. The director may grant one 30 day extension of the temporary use permit if the use has fully complied with all applicable city ordinances and conditions of the temporary use permit. (1) Upon completion o the temporary use, the site shall be cleaned, all evidence of its use removed. 2. Seasonal Sales Stand a. Definition: Seasonal sales stand means a facility for the sale of agricultural products that are seasonal in nature. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 400 square feet of building area. Off-street parking requirements for this use may be satisfied by using existing parking spaces for other uses located within 500 feet of the Christmas tree lot, or by providing temporary parking spaces that do not strictly comply with the city's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the director that temporary off- street parking spaces: June 30, 2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 29 ••~ `` Zoning Ordinance DRAFT—FOR REVIEW ONLY (1) adequately accommodate the parking needs of the use; and (2) will not adversely affect surrounding uses. d. Required Loading: None e. Additional Provisions: (1) No product may be placed for sale or display and no structures used for a temporary seasonal sales stand closer than 50 feet to the public right-of-way. (2) No temporary seasonal sales stand may have more than 3,500 square feet of floor area. (3) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. 3. Temporary Concrete or Asphalt Batch Plant a. Definition: Temporary concrete or Asphalt Batch Plant means a temporary facility or area for the mixing of concrete or asphalt. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Parking for this use may be satisfied by providing temporary off-street parking spaces that do not strictly comply with the city's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the director that temporary off-street parking spaces: (1) adequately accommodate the parking needs of the use; and (2) will not adversely affect surrounding uses. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Concrete and asphalt mixed on site shall only be furnished to the specific project for which the temporary use permit was issued. (2) The Planning and Zoning Commission shall review requests for renewal of the permit if the specific project requires an extension of time. (3) The temporary batch plant shall be located and operated in such a manner to eliminate unnecessary dust, noise and odor. (4) On-site fencing, screening, or buffering shall be provided so that adjacent properties are protected from hazards and negative impacts. (5) Any public improvement that is damaged during the operation of the temporary batch plant shall be repaired or replaced. (6) All equipment, materials, and debris shall be cleared off the site and the site shall be completely cleaned upon completion of the project. 4. Temporary Grazing a. Definition: Temporary grazing means an area used for the grazing of animals on a temporary basis while land is waiting for future development. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: Page 30 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY ••. Zoning Ordinance (1) This use shall not be operated on an area less than 5 acres. (2) An application for a temporary use permit shall specify the number and type of animal that will be grazing. No temporary use permit shall be granted where the number and type of animals to be grazed is likely to result in overgrazing and/or significant environmental degradation of the site. (3) Structures may be erected for a stable, pen, barn, or shed for the protection of the animals on the premises. (4) Standings under roofed stables shall be made of a material that provides for proper drainage so as not to create offensive odors, insect or rodent breeding, or other nuisances. (5) A temporary use permit for grazing is valid for a period of 3 years. The Planning and Zoning Commission may grant up to 2, one-year extensions, if conditions at the time of initial approval have not changed. (6) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. 5. Temporary Living Quarters a. Definition: Temporary living quarters means temporary facilities in the form of a manufactured home, used as living quarters during the construction of a residence upon a property not less than 1/2 acre in area. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions: All permitted districts: A temporary use permit shall be valid for a 6 month period. An additional 6 months may be granted by the director, provided the exterior walls and roof of the residence are completed. SECTION 5.3 ACCESSORY USES AND STRUCTURES An accessory use or structure that is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use,unless otherwise stated in these regulations. Accessory uses are subject to the same regulations as the principal use. Accessory buildings shall comply with the area requirements in Article 3—Residential District Regulations. SECTION 5.4 SPECIFIC USE PERMITS A. Purpose.The Specific Use Permit provides a means for developing certain uses in a manner in which the proposed use will be compatible with adjacent property and consistent with the character of the neighborhood. Specific use permits are required where site specific impacts may exist that require additional review to ensure compatibility between uses. B. Specific Use Permit Required.The Use Regulations in Section 5.1 Land Use Charts state when a Specific Use Permit is required for a use to be permitted in a zoning district. The Specific Use Permit requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Each specific Use Permit shall be evaluated as to its probably effect on the June 30, 2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 31 Zoning Ordinance DRAFT—FOR REVIEW ONLY adjacent property and the community welfare and may be approved or denied as the finings indicate appropriate. C. Application.An application for a Specific Use Permit shall be submitted to the Planning Department and shall include the following: 1. A written description of the proposed use. 2. A plan showing the location of the proposed use on the site. 3. Any additional information required by the Director. D. Review by the Planning and Zoning Commission and the City Council.The Planning and Zoning Commission shall hold a public hearing and make a recommendation to the City Council. The City Council shall hold a public hearing and approve, approve with conditions, or deny the Specific Use Permit based on the review criteria in "E", below. E. Review Criteria. In granting a Specific Use Permit, the Planning and Zoning Commission and the City Council shall determine that the proposed use: 1. Complements or is compatible with the surrounding uses and community facilities; 2. Contributes to, enhances, or promotes the welfare of the area of request and adjacent properties; 3. Is not detrimental to the public health, safety, or general welfare; 4. Conforms in all other respects to all applicable zoning regulations and standards; and 5. Is in conformance with the Comprehensive Plan. F. Additional Conditions. The Planning and Zoning Commission and City Council may impose reasonable conditions upon the granting of a Specific Use Permit consistent with the Comprehensive Plan, other state development goals and objectives of the city, and the requirements of other city regulations. Such conditions may include, but are not limited to the location, arrangement, operation, duration, and type and manner of construction of any use for which a Specific Use Permit is requested. G. Effect of Specific Use Permit. 1. The granting of a Specific Use Permit has no effect on the uses permitted by right and does not waive the regulations of the underlying zoning district. 2. A Specific Use Permit runs with the land, a new owner is not required to reapply for a Specific Use Permit unless a time limit that has been established runs out. H. Zoning Map.When the city council authorizes granting of a specific use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses. The amendment is to indicate the appropriate zoning district for the approved use and shall be suffixed by an "S" designation. SECTION 5.5 TEMPORARY USES A. Purpose.Temporary uses operating for less than 90 days within a one-year time period shall obtain a Temporary Use Permit from the Director. Temporary Use Permits outline conditions of operations to protect the public health, safety, and welfare. Page 32 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY ........ Zoning Ordinance B. Temporary Use Defined.Temporary uses shall include short-term or seasonal uses that would not be appropriate on a permanent basis. Temporary uses are identified in Section 5.1 Land Use Charts and 5.2 Listed Uses. In addition, the following uses and activities shall be considered temporary uses: 1. Fundraising Activities by Not-for-Profit Agencies.Fundraising or noncommercial events for nonprofit educational,community service or religious organizations where the public is invited to participate in the activities and which last longer than 48 hours. 2. Special and Seasonal Sales Events. Significant commercial activities lasting not longer than 90 days intended to sell, lease, rent or promote specific merchandise, services or product lines, including but not limited to warehouse sales, tent sales, trade shows, flea markets, farmer's markets, Christmas tree lot sales, product demonstrations or parking lot sales of food, art work or other goods. 3. Entertainment or Amusement Events. Short-term cultural and entertainment events including public or private events lasting not longer than 90 days intended primarily for entertainment or amusement, such as concerts, plays or other theatrical productions, circuses, fairs, carnivals or festivals. C. Application.An application for a Temporary Use Permit shall be submitted to the Director at least 10 working days before the requested start date for a temporary use and shall include the following: 1. A written description of the proposed use or event, the duration of the use or event, the hours of operation, anticipated attendance, and any building or structures, signs or attention-attracting devices used in conjunction with the event 2. A written description of how the temporary use complies with the review criteria in E,below. 3. A plan showing the location of proposed structures, including onsite restrooms and trash receptacles,parking areas, activities, signs and attention attracting devices in relation to existing buildings, parking areas, streets and property lines. 4. A letter from the property owner agreeing to the temporary use. 5. Any additional information required by the Director. D. Review and Action by the Director.The Director shall make a determination whether to approve, approve with conditions, or deny the permit within 5 working days after the date of application. Any applicant denied a permit by the Director shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the Planning and Zoning Commission. An appeal of the Director's decision shall be made to the Director in writing within 10 days of the date of the decision. E. Review Criteria.Temporary uses shall comply with the following requirements: 1. Land Use Compatibility.The temporary use must be compatible with the purpose and intent of this ordinance. The temporary use shall not impair the normal, safe and effective operation of a permanent use on the same site. The temporary use shall not endanger or be detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the type of activity, its location on the site, and its relationship to parking and access points. 2. Compliance with Other Regulations.The temporary use shall conform in all respects to all other applicable city regulations and standards. 3. Restoration of Site. Upon cessation of the event or use, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices or other June 30, 2000 ARTICLE 5—RESIDENTIAL USE REGULATIONS Page 33 Zoning Ordinance DRAFT—FOR REVIEW ONLY evidence of the special event or use. The applicant shall be responsible for ensuring the restoration of the site. 4. Hours of Operation and Duration.The hours of operation and duration of the temporary use shall be consistent wit the intent of the event or use and compatible with the surrounding land uses and shall be established by the Director at the time of approval of the temporary use permit. 5. Traffic Circulation.The temporary use shall not cause undue traffic congestion given anticipated attendance and the capacity of adjacent streets, intersections and traffic controls. 6. Off-street Parking.Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site. 7. Public Conveniences and Liter Control.Adequate onsite rest room facilities and litter control may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city. 8. Appearance and Nuisances.The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution. 9. Signs.The Director shall review all signage, although a sign permit is not required. The Director may approve the temporary use of attention attracting devices. F. Additional Conditions.The Director may establish additional conditions to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including,but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or buffering, and guarantees for site restoration and cleanup following the temporary use. G. Appeals.A denial of a temporary use permit may be appealed to the Planning and Zoning Commission within 10 days of the Director's action. The appeal shall be made in writing to the Director. SECTION 5.6 CLASSIFICATION OF NEW AND UNLISTED USES A. Unlisted Uses.The uses permitted in this Chapter are classified on the basis of common operational characteristics and land use compatibility. Uses not specifically listed in this Chapter are prohibited. However, additional new and unlisted uses may be permitted by the Director if the Director finds that the use is similar to other uses listed in the same zoning district. B. Appeals.An applicant, aggrieved by the decision of the Director, may file an appeal of the decision to the Zoning Board of Adjustment. The appeal shall be filed in writing in the Department of Planning and Development within 10 days of the Director's action. Unless otherwise stated in the Board action, the determination of the Board with respect to the appeal shall constitute a permanent and consistent interpretative decision which the Director shall apply in all future instances. C. Conditions.When considering requests for a new land use, the Director and Zoning Board of Adjustment shall consider the potential effects of the use on adjacent properties in terms of requirements for services, visual impact, traffic generation, the extent to which the use is consistent with other uses allowed in the district, and other issues they deem appropriate. D. Authorization of New Uses. If a new use is authorized by the Zoning Board of Adjustment, a text amendment shall be sent immediately to the Planning Commission and the City Council. Page 34 ARTICLE 5—RESIDENTIAL USE REGULATIONS June 30,2000 DRAFT—FOR REVIEW ONLY - Zoning Ordinance ARTICLE 11 DEFINITIONS SECTION 11.1 GENERAL Terms which are used in this Ordinance and are not specifically defined shall be given their ordinary meaning,unless the context requires or suggests otherwise. In the case of ambiguity or uncertainty concerning the meaning of a particular term, whether or not defined, the Director and staff of the Department shall have the authority to assign an interpretation which is consistent with the intent and purpose of this Ordinance, or an interpretation which is consistent with previous usage or interpretation. SECTION 11.2 WORDS AND TERMS DEFINED Accessory structure means structures which are incidental to, and located on the same lot as, a principle building(s) including but not limited to,trash enclosures, sign structures, fences, walls, and similar structures. Alley means a right of way which provides secondary access to adjacent property, generally in the rear of the property and used for the purpose of service access and not intended for general travel. Basement means any level of a building where more than one half of the vertical distance between floor and ceiling is below the grade of the site. Block means property designated on an officially recorded map existing within well defined and fixed boundaries within a subdivision and usually being an area surrounded by streets or other features such as parks, railroad rights-of-way or municipal boundary lines which make it a unit. Board of Adjustment means the Board of Zoning Adjustment for the City of Wylie. Building means a structure for the support or shelter of any use or occupancy. Building area means the total square feet of floor area in a building measured to the outside faces of exterior walls or to the omitted wall lines, whichever produces the larger area. Building line means a line established, in general, parallel to a property line, over which no part of a building shall project, except as otherwise provided in this Ordinance. Building Official means the officer or other designated authority charged with the administration and enforcement of this Code, or the Building Official's duly authorized representative. Certificate of Occupancy means a certificate issued by the City after final inspection and upon a finding that the building, structure and/or development complies with all provisions of the applicable City codes, permits, requirements and approved plans. June 30, 2000 ARTICLE 11—DEFINITIONS Page 1 "` Zoning Ordinance DRAFT—FOR REVIEW ONLY Corner lot means any lot that has two or more streets along two or more of its adjacent lot lines. Court means an open unoccupied space, other than a required yard, on the same lot with a building and bounded on two or more sides by the walls of a building. Director means the Director of the Department of City Planning for the City of Wylie. District means a zone or zoning district within which the use of land and structure and the location, height, and bulk of structures are governed by this title. Double front lots means any lot that has two streets along two of its lot lines which are not adjacent. Dwelling unit means one or more rooms designed to accommodate one family and containing only one kitchen plus living, sanitary, and sleeping facilities. F •i « st, il, t; g t eth, .a d, elli it Family means an individual or two or more persons related by blood, marriage or adoption; or a group of not more than five persons, excluding servants, who need not be related by blood or marriage, living in a dwelling unit. Floor area means the same as Building area. Front yard means that portion of a lot between the front lot line and the front building line. Height means the vertical distance-measured from grade to the highest point of the structure. Lot means a designated parcel, tract, or area of land established by a plat and to be used, developed or built upon as a unit. Lot area means the total square feet of area within the lot lines of a lot, excluding any street right-of- ways. Lot coverage means the percentage of a lot covered by the building. Parking facilities are not counted when calculating lot coverage. Lot depth means the length of a line connecting the mid-point of the front and rear lot lines. Lot line means a property line that divides one lot from another lot or from a public or private street or any other public space. Lot of record means a lot that exists as shown or described on a plat or deed in the records of the local registry of deeds. Page 2 ARTICLE 5—DEFINITIONS June 30,2000 • DR4FT—FOR REVIEW ONLY Zoning Ordinance Lot width means the length of a line, drawn perpendicular to the lot depth line at its point of intersection with the front yard line, connecting the side property lines. Main building means a building devoted to the principle use of the lot on which it is situated. In any residential district, a dwelling shall be deemed to be the main building on the lot which it is situated. Manufactured housing means a factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Housing Construction and Safety Standards Act of 1974, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Mobile home means a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective in 1975. Multi-family means a building built or designed as a residence for three or more families or households living independently of each other. Nonconforming use means a use that does not conform to the use regulations of this chapter,but was lawfully established under the regulations in force at the beginning of operation and has been in regular use since that time. Nonconforming structure means Occupancy means the purpose for which a building or land is used. Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public use or enjoyment or for the private use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Platted lot line means a lot line that has been recorded with the official recording agency. Public street means any street in the City of Wylie that is not private. Rear yard means that portion of a lot between the rear lot line and the rear building line. Side yard means that portion of a lot line between the side lot lines and the side building lines. Story means that portion of a building between any two successive floors or between the top floor and the ceiling above it. June 30, 2000 ARTICLE 11—DEFINITIONS Page 3 ... Zoning Ordinance DRIFT—FOR REVIEW ONLY Street line means the right-of-way of a street. Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Variance means an adjustment in the application of the specific regulations of this title to a particular piece of property, which property, because of special circumstances uniquely applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone, and which adjustment remedies disparity in privileges. Yard means that portion of a lot which is required to be unoccupied and unobstructed from the ground to the sky, except as otherwise provided in this Ordinance. Zoning district map means the official map upon which the zoning districts of the city are delineated. Page 4 ARTICLE 5—DEFINITIONS June 30, 2000 lir DRAFT—FOR REVIEW ONLY •-. Zoning Ordinance VILLAGE RESIDENTIAL USES Points Available Points Required Land Design With Adjacency to Open Space 90 30 Land Design Without Adjacency to Open Space 55 15 Street and Sidewalk 130 55 Architectural 95 40 SUBURBAN RESIDENTIAL USES Points Available Points Required Land Design With Adjacency to Open Space 125 45 Land Design Without Adjacency to Open Space 90 35 Street and Sidewalk 125 55 Architectural 85 30 COUNTRY RESIDENTIAL USES Points Available Points Required Land Design With Adjacency to Open Space 80 25 Land Design Without Adjacency to Open Space 15 10 Street and Sidewalk 125 30 Architectural 85 20 June 30, 2000 POINT SUMMARY Page 1 WYLIE CITY COUNCIL AGENDA ITEM NO. v3. July 25, 2000 Issue Consider and act upon award of a contract for construction of an asphalt walking path and sidewalks at Community Park. Background Among the capital improvement projects to be funded by the 1999 bond issue, is the planned construction of an asphalt walking path around the perimeter of Community Park and asphalt sidewalks within the park. Total available funding for these projects is $129,600. Staff has solicited competitive bids for this construction and a bid has been received from Tri-Con Services. Tri-Con submitted a lump sum bid of$122,500 to complete the work as originally specified. An alternate bid was also submitted based on suggested changes in the subgrade treatment and thickness of the paving. The total lump sum alternate bid is$104,400. Staff feels that the City's best interest would be served by accepting the revised specifications of the contractor's alternate bid. Financial Considerations Total available funding for these bond projects is $129,600 and none has been expended to date. No additional design or engineering costs are anticipated for this project. Other Considerations Competitive sealed bids were solicited for the projects in accordance with Chapter 252 of the Texas Local Government Code. Staff Recommendation Staff recommends that Council award a contract in the amount of$104,400 to Tri-Con Services for the construction of an asphalt walking path and sidewalks at Community Park. 1/Y\ c)--\• (A)/Y\-(?) A --kI)J(UAIVLA-if.mA-2 Prepared by evie4edby Finance City Mana pproval WYLIE CITY COUNCIL AGENDA ITEM NO. �. July 25, 2000 ISSUE Consider and act upon the proposed extension of a contract with Browning-Ferris, Inc. for collection and disposal of solid waste and recyclable commodities. BACKGROUND The initial term of the City's current 5-year contract with Browning-Ferris, Inc. (BFI)ends August 31. The City has the option of extending the contract for an additional five year term. A new contract, subject to this optional extension, has been negotiated. The provisions of the proposed contract are essentially the same as the current agreement with two significant revisions. The level of service has been enhanced by the addition of a regularly scheduled monthly collection of brush and bulky waste.Under this new provision of the contract performance standards,brush and bulky waste collection would be made available to residents on one day of each month This collection service would be limited to a maximum of two cubic yards in volume for each residence. Items exceeding this maximum volume would be subject to a special pick up at the rate of$72.00 per hour, with a $15.00 minimum charge to the resident. There is no additional cost associated with the regular brush and bulky waste collection. Under the current contract, BFI may request annual increases in the rate schedule based upon demonstrable increases in operation costs. The new contract also allows for rate increases based upon changes in the Consumer Price Index(CPI). Annual rate adjustments may not exceed five per cent of the prevailing rate schedule. Under the proposed contract, the rates for residential and commercial collection will increase by 2.7 per cent, reflecting the CPI. With the new rate schedule, BFI's monthly rate for residential service would increase from$8.09 to$8.31. The basic monthly bill for a resident with one polycart , including sales tax, debt service and administrative costs,would increase from$10.44 to $10.68. The cost of an additional polycart would add$3.25 to the monthly residential bill. FINANCIAL CONSIDERATIONS The proposed CPI-based rate increase would be passed on to residential and commercial waste producers. There will be no additional cost to the City, however, it will be necessary to adjust the sanitation line item in the Combined Services cost center of the General Fund budget. Revenue from sanitation fees and sanitation franchise fees would also increase. STAFF RECOMMENDATION Staff recommends that Council approve the proposed co tract revisions and rate schedule and extend the contract between the City and BFI for the collecti sal of solid waste and recyclables. ham Prepared by Review y Finance City Manager Approval SOLID WASTE & RECYCLING CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND BROWNING-FERRIS INC. Effective September 1, 2000 GENERAL SPECIFICATIONS 1.00 GRANT - 1 - 2.00 DEFINITIONS - 1 - 2.01 Bags - 1 - 2.02 Bins - 1 - 2.03 Bulky Waste - 1 - 2.04 Bundle - 1 - 2.05 City - 1 - 2.06 Commercial and Industrial Refuse - 2 - 2.07 Commercial and Industrial Unit - 2 - 2.08 Commercial Hand Collect Unit - 2 - 2.09 Commodity - 2 - 2.10 Commodity Buyer - 2 - 2.11 Construction Debris - 2 - 2.12 Container - 2 - 2.13 Contract Documents - 2 - 2.14 Contractor - 2 - 2.15 Dead Animals - 2 - 2.16 Disposal Site - 2 - 2.17 Garbage - 2 - 2.18 Hazardous Waste - 3 - 2.19 Landfill - 3 - 2.20 Polycart Container - 3 - 2.21 Producer - 3 - 2.22 Recyclable Commodities - 3 - 2.23 Recycling Container - 3 - 2.24 Refuse - 3 - 2.25 Residential Refuse - 3 - 2.26 Residential Unit - 3 - 2.27 Rubbish - 4 - 2.28 Stable Matter - 4 - 3.00 SCOPE OF WORK - 4 - 4.00 COLLECTION OPERATION - 4 - 4.01 Service Provided - 4 - 4.02 Location of Polycarts. Bins, Containers. Bags and Bundles for Collection - 5 - 5.00 COLLECTION OPERATION - 5 - 5.01 Hours of Operation - 6 - 5.02 Routes of Collection - 6 - 5.03 Holidays - 6 - 5.04 Complaints - 6 - 5.05 Collection Equipment - 6 - - ii - 5.06 Office - 7 - 5.07 Hauling - 7 - 5.08 Disposal - 7 - 5.09 Notification - 7 - 5.10 Point of Contact - 7 - 6.00 COMPLIANCE WITH LAW - 8 - 7.00 EFFECTIVE DATE - 8 - 8.00 NONDISCRIMINATION - 8 - 9.00 INDEMNITY - 8 - 10.00 INDEPENDENT CONTRACTOR .. - 8 - 11.00 LICENSES AND TAXES - 8 - 12.00 TERM - 9 - 13.00 INSURANCE - 9 - 14.00 BOND - 10 - 14.01 Performance Bond - 10 - 14.02 Power of Attorney - 10 - 15.00 BASIS AND METHOD OF PAYMENT - 10 - 15.01 Collection and Disposal Rates - 10 - 15.02 Modification to Rates - 10 - 15.03 Contractor to Act as Collector - 11 - 15.04 Delinquent and Closed Accounts - 11 - 15.05 Contractor Billings to City - 11 - 16.00 TRANSFERABILITY OF CONTRACT - 11 - 17.00 EXCLUSIVE CONTRACT - 12 - 18.00 OWNERSHIP - 12 - 18.00 FRANCHISE FEE - 12 - 20.00 BOOKS AND RECORDS - 12 - 21.00 TERMINATION FOR CAUSE - 12 - 22.00 NOTICES - 13 - - iii - 22.00 APPROVAL - 13 - 23.00 AMENDMENT - 13 - 24.00 FORCE MAJEURE 13 - 25.00 SEVERABILITY - 14 - 26.00 ENTIRE CONTRACT - 14 - 27.00 SPECIAL PROVISIONS - 14 - 27.01 City Facilities - —14 - 27.02 Spring Clean-Up Campaign - 14 - 27.03 Pavement Damage in Alleys - 14 - 27.04 Contract Performance Review - 14 - ATTACHMENT A - 17 - PERFORMANCE STANDARDS - 19 - I. Residential and Commercial Hand Collection - 19 - II. Residential Recycling - 20 - III. Commercial Container Collection - 20 - IV. General - 21 - ANTI-SCAVENGING ORDINANCE - 22 - - iv - 07/20/2000 15:45 9724225683 BFI PLANO OPS SAFETY PAGE 02 CONTRACT THIS CONTRACT, made and entered into this day of , 2000, by and between the City of Wylie, Texas a Municipal Corporation of Collin County, Texas, (hereinafter called the "City")and Browning-Ferris, Inc., (hereinafter called "Contractor"). WITNESSETH: WHEREAS, the parties hereto desire for Contractor to provide Solid Waste and Recyclable Materials Collection within the City and to perform such work as may be incidental thereto in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT BFI shall be granted the exclusive right to provide refuse collection, removal and disposal services and collection of recyclable materials for the Residential, Commercial and Industrial Units within the corporate limits of the City, as specified and described in the Contract. Further, the Contractor is hereby granted a franchise, Iicense and privilege within the territorial jurisdiction of the City and shall furnish all personnel, labor, equipment,trucks, and all other items necessary to provide refuse collection, removal and disposal services, and recycling collection as specified and to perform all of the work called for and described in the Contract. 2.00 DEFINITIONS 2,01 Bags- Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when Iifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. 2.02 Bins-Metal receptacles designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2.03 Bulky Waste- Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for Bins, Containers or Polycarts, as the case may be. 2.04 Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length or the amount that can be lifted by two men. 2.05 City- City of Wylie, Texas. - 1 - 2.06 Commercial and Industrial Refuse - All Bulky Waste, Construction Debris, Garbage,Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07 Commercial and Industrial Unit - All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City not a Residential Unit. 2.08 Commercial Hand Collect Unit-A retail or light commercial type of business which generates no more than 14, 30-gallon bags or containers of refuse per week. 2.09 Commodity - Material that can be sold in a spot or future market for processing and use or reuse. 2.10 Commodity Buyer - A buyer or processor, selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. 2.11 Construction Debris - Waste building materials resulting from construction, remodeling, repair or demolition operations. 2.12 Container - A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a Container and its contents shall not exceed 60 lbs. 2.13 Contractor- Browning-Ferris, Inc. 2.14 Dead Animals - Animals or portions thereof equal to or greater than 10 pounds in weight, that have expired from any cause, except those slaughtered or killed for human use. 2.15 Disposal Sits - A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or Dead Animals for processing or final disposal. 2.16 Garbage-Any and all Dead Animals of less than 10 pounds in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of - 2 - limitation, that used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2.17 Hazardous Waste-Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract,the term Hazardous Waste shall also include motor oil, gasoline, paint and paint cans. 2.18 Holidays - The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.19 Polycart Container-A rubber wheeled container, having a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems. Construction shall be injection molded polyethylene. 2.20 Producer-An occupant of a Commercial Unit, Industrial Unit or a Residential Unit who generates Refuse. 2.21 Recyclable Commodities - Material collected by the Contractor pursuant to the contract documents, which can be sold in a spot or future market for processing and use or reuse including, but not limited to, newsprint, magazines, plastic (PET and HDPE), glass containers, aluminum cans and metal (tin) cans. 2.22 Recycling Container - A plastic receptacle, designed for the purpose of curbside collection of recycling commodities, with minimum capacity of 18 gallons. 2.23 Refuse - This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2.24 Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit. 2.25 Residential Unit-A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less - 3 - contiguous or separate single-family dwelling units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2.26 Rubbish - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.27 Stable Matter- All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 3.00 SCOPE OF WORK The work under this Contract shall consist of the items contained in the Performance Standards, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract Documents. A copy of said Performance Standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION 4.01 Service Provided (a) Contractor shall provide curbside or alley collection service for the collection of Residential Refuse to each Residential Unit one (1) time per week. Polycart Containers shall be placed at curbside by 7:00 a.m. on the designated collection day. All Residential Refuse shall fit into the Polycart Container with the lid closed. (b) Contractor shall provide curbside collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week. Containers shall be placed at curbside by 7:00 a.m. on the designated collection day. (c) Contractor shall provide Bin Collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. The Contractor shall provide Commercial Hand Collection service for Commercial Hand Collect units as defined in 2.08 of definitions. - 4 - (d) The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter. Also, the Contractor may from time to time provide for the special collection of Dead Animals and Hazardous Waste at Commercial and Industrial Units and Residential Units at its sole discretion and upon such terms and conditions as Contractor shall specify. (See paragraph 14.01(b).) (e) Contractor shall provide transportation of collected refuse to the landfill site for disposal, which responsibility is solely that of the landfill operator. (f) Contractor shall provide transportation and processing of collected recyclables to the Recyclery. (g) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which the Contractor has no control. In the event of such a flood, tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Contractor. 4.02 Location of Polycarts. Bins. Containers. Bags and Bundles for Collection (a) Each Polycart, Container, Bag, Recycling Container and Bundle shall be placed at curbside for collection. Curbside refers to that portion of right-of- way adjacent to paved or traveled City roadways(including alleys). Polycarts, Containers, Bags and Bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of- way, Polycarts, Containers, Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Polycart, Container, Bag and Bundle not so placed or any Residential Refuse not contained in a Polycart. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement. Contractor may decline to collect Refuse in Bins not so placed. Placement of bin and size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 5.00 COLLECTION OPERATION 5.01 Hours of Operation - 5 - (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. Exceptions to collection hours shall be affected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. (b) Collection of residential brush and bulky waste, commercial and industrial refuse shall take place according to individual agreement. 5.02 Routes of Collection (a) Residential Unit and Commercial collection routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. City shall publish at its expense at least once during each calendar year a map of such Residential Unit collection routes in a newspaper published in the immediate area. The published map shall be of such size to clearly show all pertinent information. The Contractor may from time to time propose to City for approval, changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City's approval of the proposed changes, City shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03 Holidays - Contractor may decide to observe any of the Holidays mentioned hereina, but such decision in no manner relieves Contractor of his obligation to provide Refuse collection service at Residential Units at least once per week. 5.04 Complaints-All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. 5.05 Collection Equipment - The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, Bins and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor. Bins for food service establishments shall be exchanged at least one time per year. - 6 - 5.06 Office-The Contractor shall maintain an office or such other facilities within close proximity to the City through which they can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m. Monday through Friday. 5.07 Non-Collection - Should a dispute arise between City, Contractor and/or a customer as to whether Contractor actually failed to make a collection (whether Contractor missed a pick-up), the decision of City's Mayor in such matter shall be final, and City and Contractor agree to abide by said decision. Contractor shall also provide notice to the customer of the reason for such non-collection (unless such non-collection is the result of the customer's failure to timely place the refuse or containers out for collection). Contractor's norice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business and shall indicate the nature of the violation and the correction required in order that such garbage may then be collected at the next regular collection date. 5.08 Interruption of Service - In the event that the collection and disposal of acceptable waste should be interrupted by any reason for more than forty- eight hours, City shall have the right to make temporary independent arrangements for purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety, and contractor shall pay the City all costs and expenses associated therewith within ten days of notice of the costs and expenses. If the interruption of service mentioned above continues for a period of seventy-two hous and is not the result of a force majure, then City shall have the right to terminate this contract. 5.09 Hauling - All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are reasonably prevented. 5.10 Disposal-All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. 5.11 Notification - The City shall notify all Producers at Residential Units about complaint procedures, rates, regulations, and day(s) for scheduled Refuse collection. 5.12 Point of Contact-All dealing, contacts, etc., between the Contractor and the City shall be directed by the Contractor to the City Manager or the City Finance Director. - 7 - 6.00 COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws; provided, however, the General Specifications of this Contract shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject. 7.00 EFFECTIVE DATE This Contract shall become effective upon the execution hereof by all parties and performance shall begin on September 1, 2000. 8.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 9.00 INDEMNITY The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees incident to any work done in the performance of this Contract arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. 10.00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it under the terms of this contract. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between City and contractor or any of Contractor's agents or employees. Contractor assumes exclusively the responsibility for its acts and the acts of its employees as they relate to the services to be provided during the course and scope of their employ. Contractor, its agents and employees shall not be entitled to any rights or privileges of City's employees and shall not be conidered in any manner to be a City employee(s). 11.00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract)and promptly pay all taxes required by the City and by the State. - 8 - 12.00 TERM The contract shall be for a five (5) year period beginning September 1, 2000 and ending five(5)years thereafter. The initial term of this contract may be extended for successive additional five (5) year terms with the mutual agreement of both parties. 13.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits acceptable to the City; and before commencement of work hereunder the Contractor agrees to furnish to the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate Property Damage Liability $500,000 each occurrence Except Automobile $500,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $5,000,000 each occurrence As an alternative to the above, Contractor may insure the above public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a self-insured retention of an amount of - 9 - 07/20/2000 15:45 9724225683 BFI PLANO OPS SAFETY PAGE 03 As an alternative to the above, Contractor may insure the above public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a self-insured retention of an amount of $250,000 with the result that the Contractor is its own insurer to the extent the coverage may be provided by the Contractor's parent corporation. The Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self insurance. 14.00 BOND 14.01 Performance Bond - The Contractor will be required to furnish a corporate surety bond as security for the performance of this Agreement. Said surety bond must be in the amount of S100,000.00, with no pro rata reduction over the term of the Agreement. 14.02 Power of Attorney - Attorneys-in-fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. 15.00 BASIS AND METHOD OF PAYMENI 15.01 Collection and Disposal Dates (a) The rate for collection services required to be performed pursuant to Sections 4.01 (a), (b)and (c)shall be the rates set forth in Exhibit "A", attached hereto and made a part hereof, subject to adjustment in accordance with Section 15.02. (b) For special collection provided by the Contractor pursuant to Section 4 01 (d), the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (c) The Refuse collection charges provided by Sections 15.01 (a)-(c)shall include all disposal costs. (d) In the event that any Commodity collected shall not be marketable for a period of 60 days or longer, City and Contractor upon mutual agreement, shall eliminate that Commodity from the Recyclable Materials program and this Contract. 15.02 Modification to Rates -The Contractor may adjust the rates contained herein during the term of this Agreement to fully cover increases in costs resulting from (i) changes in any laws, ordinances, regulatory requirements or guidelines (including changes in construction or interpretation thereof or - 10 - 07/20/2000 15:45 9724225683 BFI PLANO OPS SAFETY PAGE 04 change in the manner or method of enforcement thereof); (ii) orders, judgments or directives of any court or governmental body of instrumentality thereof, or(iii)increased costs due to changes in location of disposal facilities and/or increases in disposal costs; (iv)changes reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the U.S. Department of Labor, Dallas-fort Worth area increase, the Contractor may petition the City fir rate adjustments no more than once every 12 months during the ieriti of A'.:Ay proposed rate adjustment shall be submitted to City as soon as practicable and be accompanied by adequate cost justification and documentation to allow for proper review by the City,which petition shall not be unreasonably denied. Increase not to exceed 5%of the rates in force at the time of the requested adjust_,_ 15.03 contractor to Act as Collector-The Contractor shall submit -- :�1 all Commercial and Industrial Units for services provided by the Contractor pursuant to Section 4.01(c)(including Commercial Hand Collect and Shared Dumpsters). 15.04 Delinquent and Closed Accounts (a) The Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. The City shall indemnify and hold the Cir'ractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses .1n-firming service at any lirec-tion of tdie City. L (b) The Contractor shall have the right to discontinue Refuse colic - • ---- ----- - - -- - - i TT-7,, ' '_ Halm LUi,Aii,i,7:11 i.ApStci uc1111tiuGui. III Its pdynicnts. 15 05 Contractor Billings to City - The Co, - 3 . ten (10) days frifinwinp tn6 onth and the City shall pay the rnntrnrtor __ - - iiAAi6 iu :la,\.i,.A�./6 Vt u1G AAAVV1t,C. JUI:Il 171113I1g d;=" �- ..-_--- --- -__----- -- - _ = Lli iii LAO. 0.1.L LJULU1A1G1ll J. 111e ,iii actor shall be entitled to payrr = .-_ --- Units irrespective of whether or not the City collects from the customer for such service. - 11 - 17.00 EXCLUSIVE CONTRACT The Contractor shall have the sole and exclusive franchise, license and privilege to provide refuse collection and removal and recycling collection within the corporate limits of the City. The Contractor shall at all times have the right to first refusal to the collection of Dead Animals and Hazardous Waste from Residential Units and from Commercial and Industrial Units. 18.00 OWNERSHIP Title to Refuse , Dead Animals and Recyclable Materials shall pass to the Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. 19.00 FRANCHISE FEE The Contractor shall pay to the City fifteen percent (15%) of all amounts received by the Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 25th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. 20.00 BOOKS AND RECORDS The City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 14.02. 21.00 TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth,the City shall notify Contractor by registered or certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the date of receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor - 12 - herein. A notice shall be sent to Contractor no earlier than 10 days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Should the City still deem Contractor to have failed in its performance, said hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate refuse collection service for the City, the City Council may, by two- thirds vote, terminate this Contract. 22.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: P. O. Box 428 Wylie, Texas 75098 Attn: City Manager If to the Contractor, at: 4200 E. 14th Street Plano, Texas 75074 Attn: District Manager or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 23.00 APPROVAL This Contract shall not be considered fully executed nor binding on the City or the Contractor until the same shall have been executed by the Contractor, the Mayor and the City Secretary of the City. 24.00 AMENDMENT All provisions of this Contract shall be strictly complied with and conformed to by the Contractor, and no amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. 25.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, the Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, - 13 - governmental order or regulation, strike, fire, accident, Act of God or other similar or different contingency beyond the reasonable control of the Contractor. 26.00 SEVERABILITY In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceablity of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 27.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof 28.00 SPECIAL PROVISIONS 28.01 City Facilities - Bin collection service for City of Wylie facilities shall be provided at no charge. 28.02 Spring Clean-Up Campaign (a) Contractor shall provide up to ten (10) 30-cubic yard containers at a centralized Spring Clean-Up site. A minimum of eight containers shall be maintained on site at all times. (b) Contractor shall provide free collection and disposal to the City, up to a maximum of 15 hauls of 30 cubic yards. 28.03 Pavement Damage in Alleys (a) Contractor shall be responsible for the repair of damage to paved surfaces in alleys when such damage is caused by the Contractor's collection equipment. Substantiation of cause shall be by mutual agreement of both parties. (b) Within thirty (30) days after receipt of a notice of damage, pending substantiation of cause and mutual agreement of both parties as outlined in Section 28.03(a), the Contractor shall arrange for satisfactory repair of the alley pavement or repairs will be performed by City forces and the City reimbursed on a time and materials basis. Reimbursement for materials and labor shall be in the form of a credit on the Contractor's next monthly billing for Residential collection service. 28.04 Contract Performance Review - 14 - (a) Contractor's representatives shall meet with City staff periodically in order to review contract performance. The time and place of meetings shall be scheduled by mutual agreement. (b) Contractor's representatives shall meet once a year with the City Council for purposes of an annual contract performance review. - 15 - IN WITNESS WHEREOF,we, the contracting parties, by our duly authorized agent, hereto affix our signatures and seals as of this day of , 2000. CITY OF WYLIE, TEXAS A Municipal Corporation of Collin County, Texas SEAL of the City of By: Wylie, Texas Mayor and City Manager ATTEST: City Secretary BROWNING-FERRIS INDUSTRIES By: ATTEST: District Manager - 16 - ATTACHMENT A CITY OF WYLIE, TEXAS SEPTEMBER REFUSE AND RECYCLING SERVICE: 2000 RATE Residential - Single Family $8.31 Duplex Unit -Per Unit $8.31 Trailer Park -Per Unit $8.31 Additional Polycart, Per Unit $3.00 COMMERCIAL SERVICE: Commercial Hand Collect 2 x week $11.50 Additional Polycart $ 4.03 2 cu. yd. l x week $ 42.56 2xweek $ 90.87 3 x week $120.78 3 cu. yd. l x week $ 58.66 2 x week $109.27 3 x week $169.09 4 cu. yd. 1 x week $ 87.42 2 x week $139.18 3 x week $196.69 6 cu. yd. 1 x week $102.37 2 x week $166.78 3 x week $247.30 8 cu. yd. 1 x week $125.38 2 x week $215.09 3 x week $286.41 EXTRA PICKUPS EACH: 2, 3, 4, cu. yd. $ 32.21 6, 8, cu. yd. $ 36.81 DELIVERY/EXCHANGE of FEL CONTAINERS: $ 51.35 - 17 - ATTACHMENT A CONTINUED ROLLOFF CHARGES: 42 Cu. Yd. Compactor Containers, Per Haul $287.56 (Includes disposal, does not include equipment) 30 Cu. Yd. Open-top Rolloff containers, Per Haul $258.80 (Includes disposal) Daily Rental $ 7.19 Delivery/Exchange $ 77.03 SPECIAL CHARGES: Polycart Replacement $60.00 Returned Check Charge $ 20.00 CITY BILLS RESIDENTIAL BFI BILLS COMMERCIAL & ROLLOFF (Includes 15% Franchise Fee) CITY ACCOUNT#9015397 CONTACT UTILITY BILLING 972.442.8131, FAX 972.442.8105 - 18 - 07/20/2000 15:45 9724225663 BFI PLANO OPS SAFETY PAGE 05 ATTACHMENT B CITY OF WYLIE, TEXAS PERFORMANCE STANDARDS Residential and Commercial Hand Collection A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. - 7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All refuse must fit inside the polycart with the lid closed; nothing outside the polycart will be collected with the regularly scheduled weekly service. Plastic bags may be used inside the polycart. E. Spillage: Any spillage caused by Contractor will be picked up immediately. Spillage caused by others or by inadequate containers will be the producer's responsibility. F. Brush and Bulky Item Collection BPI will make brush and bulky collection available to Wylie residents one day per month as part of the standard contract. Maximum size is restricted to two (2) cubic yard. Maximum weight is no more than that which can be lifted by two men. Special collection of brush and bulky items will be made available to Residents at the rate of$72.00 per hour for time spent on collection, with a minimum charge of $15,00 per collection. Residents must call Contractor's dispatch office to schedule collection, Approved Containers: a) Polycarts b) Brush cut to 6 x 3 x 3 and bundled with twine_ no heavier than what can be handled by o.:: ::.u.. .; IA x .u...weight bundle or container is not to exceed that wnncn can be lifted by two men. G. Commercial Hand Collection Customers with an average weekly volume exceeding 2 polycarts twice a week will be required to use container service unless there are extraordinary - 19 - 07/11/2000 16:47 9724225683 BFI PLANO OPS SAFETY PAGE 03 G. Commercial Hand Collection Customers with an average weekly volume exceeding 2 polycarts twice a week will be required to use container service unless there are extraordinary circumstances. Any dispute in average weekly volume will be submitted to City officials for decision II. Residential Recycling A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. - 7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. 18 gallon plastic bin. 2. Additional bins may be obtained from Contractor by Producer. III Commercial Container Collection A Container Size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu. yd, B. Schedules Available: Up to three times weekly. C. Hours of Operation: 7:00 a.m. -Completion. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within five working days. E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will be performed that day. After 10:00 a.m., we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills F. Blocked Containers: If access to a container is blocked, the driver will radio our dispatcher. A call will be placed to the location describing the obstruction. The driver will wait until the customer is contacted and the obstruction cleared. If not cleared, the driver will proceed on route. Customer may call in for an extra pickup, if desired,when access is clear. Customer will be charged for extra pickups. G. Overfilled Containers: Container will not be emptied if a safety hazard exists. Customer will be contacted to remove excess. An extra pickup will be re- - 20 - 07/11/2000 16:47 9724225683 BFI PIANO OPS SAFETY PAGE 04 scheduled when excess refuse has been removed. Customer will be charged for extra pickups. H. Container Maintenance: Containers that have been damaged will be exchanged or repaired within 5 working days of notification. lithe damage is not due to our servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be exchanged at reasonable intervals to maintain a good appearance considering type of refuse generated,normal wear and weathering. If an unsightly condition develops due to fire, paint or other causes beyond our control, the container will be exchanged upon the request of the customer. A maximum of$50.00 for refurbishing will be charged. Containers at food service establishments shall be exchanged at least one time per year. I. Gates and Enclosures: Assistance will be requested for opening and closing gates at those locations which desire to place containers in enclosures. If customer does not assist, an additional charge of$5.00 per month per container times number of pickups per week will be added. J. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. K. Casters: Casters are not available on our containers. L. Non-Payment: Customers will be notified in writing when 30 days past due. If unpaid after 45 days, customer will be notified in writing that service is being suspended until account is paid in full. A copy will be sent to the Finance Department and City Code Enforcement. If a customer is suspended twice, a deposit in the amount of one month's average billing will be required to re-establish service. This deposit will be refunded after one year of prompt payments by customer. IV. General A. Office Hours: 8:00 a.m. - 5:00 p.m. Monday-Friday. B Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor, however, refuse collection service at residential units will be performed no less than once per week. - 21 - ANTI-SCAVENGING ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WYLIE, TEXAS, CHAPTER , BY ADDING A NEW SECTION , PROHIBITING SCAVENGING OF RECYCLABLE MATERIALS FROM RESIDENTIAL AND COMMERCIAL AREAS WITHIN THE CORPORATE LIMITS. BE IT ORDAINED by the City Council of the City of Wylie, Texas, Chapter is hereby amended by addition of a new section, Section , to read as follows: Section : Prohibiting the Scavenging of Recyclable Materials From Residential and Commercial Areas Within the Corporate City Limits. 1. No person or persons, other than the current resident of the property on which the items are placed, or an authorized carrier, shall remove, pickup, or transfer recyclable materials left at curbside in any residential subdivision, at curbside at any single family residence, or in a dumpster designated for recycling at a commercial or industrial place of business. Materials placed in either specifically marked recovery containers or any other type of container are to be picked up by a designated carrier for the purpose of removal of recyclable materials. Materials referred to, and to be left in specifically marked containers, will include recyclable materials included in the City's recycling program. 2. Each removal of an item or items from a residential subdivision residence location or a single family residence location or a commercial or industrial location shall constitute a separate violation of this ordinance. Unauthorized persons removing materials or bins other than those persons designated above shall be fined as follows: a. Upon first conviction of violation of this ordinance, the person shall be fined $50.00 for each such violation. b. Upon second conviction of violation of this ordinance, the person shall be fined $100.00 for each violation. c. Upon third and subsequent convictions of violation of this ordinance, the person shall be fined $250.00 for each such violation. - 22 - 3. All ordinances or resolution or parts thereof in conflict herewith are hereby repealed. DATED this day of , 2000. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney - 23 -